General overview of the battery recycling business in India

The scope of the battery recycling business in India can never be briefly defined. Innumerable battery recyclers from this business and the associated initiatives by the government around the country. Moreover, these recyclers not only recycle the batteries but also help in protecting the place from becoming a dump yard.

To channelise discarded batteries towards recycling, MoEF&CC (the Ministry of Environment, Forest & Climate Change) formed the Battery Waste Management Rules, 2022, on August 24. The rules define a ‘recycler’ as an entity involved in waste battery recycling. Benefiting the battery recyclers, these rules intend to manage various types of waste batteries in an environment-friendly way.

By covering all types of batteries, the BWM Rules, 2022aims to promote the establishment of new battery waste recycling businesses. The rules mandate the use of recycled materials for creating new batteries. This helps battery recyclers to depend less on new raw materials and ultimately save natural resources.

Furthermore, the latest rules help battery recyclers by stipulating that the funds collected as environmental compensation must be used to recycle and collect non-recycled and uncollected waste batteries.

Notable, the newly introduced BWM Rules 2022apply to dealers, producers, consumers, battery recyclers and entities involved in the segregation, collection, refurbishment and transportation of waste batteries.

Roles and responsibilities of the battery recyclers as per the BWM Rules, 2022

1. All battery recyclers must -

• Apply in Form 2(A) to the State Pollution Control Board (SPCB)to obtain one-time registration;
• Make sure that hazardous waste generated from any activity of the battery recycling business is managed as per the Hazardous and Other Wastes (Transboundary Movement and Management) Rules, 2016;
• Make sure that s/heperforms any activity according to the rules stipulated by the Central Pollution Control Board;
• Make sure that other waste produced during recycling and handling activities must be managed according to the Plastic Waste Management Rules, 2016, Solid Waste Management Rules, 2016 and E-waste (Management) Rules, 2016;
• Make sure that the waste battery is removed from the gathered appliance if the battery is still present in the equipment; and
• Make sure that battery recycling businesses and processes for waste batteries adhere to the rules and regulations stated by CPCB.

2. According to the rules, all battery recyclers must register with the SPCB via the official website. The board then issues the registration certificate in Form 2(B).
3. Moreover, the battery recyclers must submit quarterly returns in Form 4. The form must contain all the details related to the quantity of discarded batteries received or collected. However, the quarterly return shall be filed by the month's end, succeeding the end of the quarter.
4. Battery recyclers must not deal with any other unit not registered as per these rules.
5. Furthermore, the battery recycler must provide the total quantity of waste batteries processed by the establishment involved in recycling. This must be made available quarterly on the entities' websites and CPCB’s portal.

Why is battery recycling important?

In one of its reports, the government think tank NITI Aayog has also stressed the need for battery recycling businesses. Recycling batteries has offered a source for obtaining rare metals. Through recycling, battery recyclers can use 95% of obtained metals for generating new batteries.

Action on violations and Environmental Compensation imposition

(1) Environmental Compensationmust be imposed for the following activities depending upon the Polluter Pays principle, –

• Entities, including battery recyclers performing activities without registration as stipulated under these rules;
• Submitting manipulated/forged documents by the units;
• Givingwilful concealment/false information of material facts by the units registered under the rules;
• Entities involved in segregation, collection and treatment regarding not adhering to the sound management of discarded batteries.

(2) Battery recycler must also keep in mind that the committee formed by the CPCB for implementation as per rule 15 must suggest and form guidelines for collection and imposition of Environmental Compensation. This compensation must be collected from producers and battery waste recycling businesses if they don't fulfil obligations per the BWMrules, 2022.

(3) The activities can be dealt with as per the provisions of section 15 of the Environment (Protection) Act,1986, if the battery recycler himself violates or evadesobligationsor helps abet any obligated entity to do so after giving enough opportunity of being heard.

(4)The proposed guidelines must be submitted to MoEF&CC for bringing into effect such Environmental Compensation.

(5)Environmental Compensation must be imposed by respective SPCB on entities, including battery recyclers and those involved in segregation, collection and treatment, operating in their jurisdiction upon non-fulfilling their obligations and responsibilities stated in these rules. If the SPCB does not take action within two months, the CPCB must instruct the board to do so.

(6)After three years of Environmental Compensation getting due, the entire compensation amount must be forfeited. This allows for collection and waste battery recycling by the concerned entities in later years.

(7)The funds collected must be used to collect and recycle waste batteries against which the Environmental Compensation is levied.

Complete details about Form 2(A) to be submitted by the battery recycler

As per the Battery Waste Management Rules, 2022, the battery recycler must obtain one-time registration by filling out Form 2(A). The following details must be provided in the form –

• Battery recycler’s name
• Address of the website and registered address
• Email id
• Phone number
• Authorised person's email id
• Authorised person’s name
• GST number
• Validity of Authorisation under rule 6 of the Hazardous Wastes (Management and Handling) Rules, 2016
• Consent Validity
• Under Water Act, 1974
• Under the Air Act of 1981
• The capacity of recycling units (in MTA)
• Validity of certificate of registration with the District Industries Centre

How must a battery recycler get registered?

• The battery recycler must register on the official portal of the CPCB for filing returns within six months of the commencement of the BWM rules.
• The system must develop a mechanism that reflects the audit details of the battery recycling business and the entities involved.
• The SPCBmust use the online portal CPCB for registering entities involved in battery recycling.

Extended Producer Responsibility

EPR or the Extended Producer Responsibility stands the producer liable for the disposal and treatment of the product in an environmentally sustainable manner after consumption.

• The EPR target must include the collection targets stated and the 100% recycling target of the EPR collection target of the respective year.
• As per the rules, battery recycling implies recycling materials in batteries like nickel, lead, nickel, lithium, plastics, cobalt, glass, rubber, etc.
• Producers must meet the EPR obligation via the recycler's EPR certificate. In the non-availability of certificates with recyclers, the producer also gets the collection responsibility.

Provision of certificate to be provided by the battery recycler for waste battery

• As per the rules, in no case, the amount of discarded battery recycled by the unit shall be more than its installed capacity. These certificates will be for category-wise discarded batteries and include GST data of the unit.
• Battery recyclers or entities engaged in battery recycling registered under these rules must provide a certificate for discarded battery processing.
• The certificate for discarded batteries offered by the registered units must be given for the quantity and type of recycled battery. Also, this certificate can be transacted for fulfilling the EPR obligations. CPCBis the nodal authority for issuing such certificates online.
• Recyclers are instructed for minimum recovery of battery materials as stated in the table below -

S. No.	Battery type	Recovery target for the year (in percentage)
		2024-25	2025-26	2026-27 and onwards
1.	Portable	70	80	90
2.	Industrial	55	60	60
3.	Automotive	55	60	60
4.	Electric Vehicle	70	80	90

• EPR certificates for battery recyclers will be generated depending on the weight of the battery processed, the geographical source of the battery, imported or domestic and the percentage fulfilment of material recovery targets for a specific year.
• Battery recyclers can sell the granted EPR certificates to the producer in return for discarded batteries.
• The following formula is used to evaluate the EPR certificates for battery recyclers:

Extended Producer Responsibility certificates (kg) = [Actual recovery of battery materials (in percentage) / Recovery target for the specified year of the battery type (in percentage)] x quantity of battery processed (kg) x (1-A).

Note: A=0 or 0.2 for waste batteries generated domestically or imported, respectively.

• The recyclers must record and submit all transactions on the online portal while filing quarterly returns.
• A surplus EPR certificate under recycling may be used for recycling. However, a surplus certificate under refurbishing can’t be used for recycling.
• EPR certificates remain valid for seven years to fulfil the producer's obligations.

How can Enterclimate help you?

Help in timely document submission We at Enterclimate help you in every respect regarding the timely submission of the mandated documents.

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