Overview of EPR for Lead Acid Battery Importer & Manufacturer

In August 2022, the Ministry of Environment, Forest and Climate Change (MoEF&CC) notified the Battery Waste Management Rules, 2022. These rules were a long-awaited reform in the management of batteries, both old and new, in the country. The government made significant changestothe 2001 Battery Rules to identify portable, automobile, industrial, and electric vehicles and the responsibilities of producers of these batteries. The primary stakeholders of the battery market have been identified. They are tasked with the Extended Producer Responsibility (EPR), where the producers (manufacturers and importers) of batteries will be responsible for the collection and recycling/refurbishment of targeted quantities. The new rules apply to manufacturers, importers, and brand owners (producers) (PIBOs) of lead-acid batteries (LAB). In addition to EPR for Lead Acid Battery Importer & Manufacturer, they will have to register on the centralised online portal developed by Central Pollution Control Board (CPCB).EPR mandates that all waste batteries be collected and sent for recycling/refurbishment and prohibits disposal in landfills and incineration.

Changes brought by the Battery Waste Management rules, 2022

Producers are now obligated to obtain EPR for the battery they introduce through manufacturing or import. This is to ensure the implementation of the recycling or refurbishing obligations. Now the management of end-of-life batteries will be done along the lines of Polluter’s Pays Principle, on which the concept of EPR for Lead Acid Battery Importer & Manufacturer was implemented. Following are the fundamental changes brought for Lead-Acid Battery Manufacturers -

Registration on Centralised Portal:Importers and manufacturers will now have to register themselves under Form 1A with the Central Pollution Control Board (CPCB). The rules enable the setting up of a mechanism and centralised online portal for the exchange of EPR certificates between producers and recyclers/refurbishers to fulfil the obligations of producers.

EPR Action Plan: When the e-waste and plastic waste were brought under the Extended Producer Responsibility ambit, EPR for Lead Acid Battery Importer & Manufacturer was made mandatory in the waste battery handling segment. Importers were required to submit an EPR action plan for authorisation and abide by the post- compliance guidelines from CPCB. The producers of Lead Acid batteries will also be required to follow the similarpost-compliance.

Environmental Compensation: The provision for penalising the producers and importers for fulfilling EPR targets, responsibilities and obligationsis given in the rules. The authority in this regard is CPCB.

Effect of introduction of EPR for Lead Acid Battery Importer & Manufacturer 

The producers will have to mandatorily submit an EPR plan in Form 1(C) for the battery manufactured in FY 2022-23 within three months of the publication of these rules. Key takeaways for people seeking EPR for Lead Acid Battery Importer & Manufacturer as per the new rules are as follows -

Fulfilment of EPR Targets: EPR targets for the producer, given in the rules, are specific to lead-acid batteriesforthe four battery categoriesmentioned earlier.The producer can delegate the EPR obligations to other entities. Although they still will be answerable to the authorities

Trade of EPR Certificates:Producer will meet theirobligation through the EPR certificate made available by the recycler or refurbisher.CPCB will generate EPR certificates through the centralised online portal based on recycled or refurbished quantities and assign them to recyclers or refurbishers. They can sell the assigned EPR certificates to the producer in exchange for waste batteries.

Applicability in special cases:In case a new producer introducesa battery in the market in the subsequent years after the publication of these rules, the EPR targets will be applicable for different types of batteries based on the average life of the battery mentioned. If there is a non-availability of EPR certificates with recyclers or refurbishes, the producer will also be responsible for collection.

Division of EPR target: Quantity of collection and reuse of old batteries have been included in the rules as collection targets and the 100% recycling and/or refurbishment target of the respective year.Every registered entity must comply with provisions of the EP Act 1986, and any change in the approved Extended Producer Responsibility form must be informed to CPCB.

Licences and Permits required for obtaining EPR for Lead Acid Battery Importer & Manufacturer

Apart from the EPR Registration, the importers and manufacturers of Lead Acid batteriesneed specificlicences and permits for setting up the business. These include -

• Consent NOC from SPCB/PCC for manufacturing facility
• Lead Acid Battery Import License
• Business Registration certificate
• Fire NOC
• BIS certificate
• Factory’s Licence

Documents required for Battery Import Licence for getting EPR for Lead Acid Battery Importer & Manufacturer

• Printouts of Form II
• PAN Card
• IEC certificate
• Half-yearly returns
• BIS certification

• Self-attested copy of IEC

Documents Required for NOC

• Online Application Form
• Proof of consent fee payment

• Layout plan showing total available space/area within the unit
• Documents related to land ownership
• List of names of addresses of all directors and partners
• Project Report certified by CA
• Proposal for STP of appropriate capacity (if applicable)
• Environmental Clearance or self-declaration (if applicable)
• Udhyam Registration Certificate

• Proof of compliance report (for renewal)

• Proof of installed pollution control measures and its feasibility report

• Analysis report of the stack monitoring and noise level (if applicable)

Any other document required by SPCB (State Pollution Control Board)

Steps in Registration for Lead Acid Importer

The stages in the process of registration are given in the table below

Penalty for Non-Compliance of EPR Obligation

CPCB can suspend and/or cancel the registration and/or impose Environmental Compensation. This is done if the registered producer is found to be non-compliant with the EPR obligations as per Schedule II. However, the MoEF&CC will dispose of the matter within forty-five days after the appeal submission. The Joint Secretary or the officer equivalent in the Ministry of Environment, Forest and Climate Change shall be designated as an Appellate Authority.

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