Overview of EPR for Lithium-ion Battery Importer & Manufacturer

The Ministry of Environment, Forest and Climate Change (MOEFCC), by notifying the Battery Waste Management Rules, 2022, brought many needed changes related to the sale, import, and recycling of lithium-ion batteries. The new rules aim to regulate end-of-life battery management by defining the roles of stakeholders involved in lithium-ion battery manufacturing, import, refurbishing and recycling. (Extended Producer Responsibility) EPR for Lithium-ion battery importers & manufacturers has also been introduced for producers through the rules.

Additionally, as per these rules, recycling waste lithium-ion batteries means reusing battery components like lithium, nickel, cobalt, plastics, rubber, glass, etc., after extracting from old batteries. The producers can meet their EPR obligation through the extended producer responsibility certificate made available by the recycler or refurbished after they recycle or refurbish the desired quantities of waste batteries. The rules also give collection targets for the following categories of batteries that may use lithium-ion as a component. For obtaining the EPR for Lithium-ion Battery Importer & Manufacturer, the Extended Producer Responsibility plan has to be submitted according to Form 1 (C) of the rules.

Categories of Batteries Identified under EPR Regime

Producers must meet collection, recycling, and/or refurbishment targets as in Schedule II of the rules. This schedule lays down a year-wise collection target that must be refurbished or recycled for a 10, 6 or 5-year cycle depending upon the battery category. These categories include -

• Portable batteries used in consumer electronics which are rechargeable
• Portable batteries, except those used in consumer electronics which are rechargeable
• Automotive battery
• Industrial battery
• Electric Vehicles (EV) battery of e-rickshaw (three-wheelers)
• Electric Vehicles (EV)battery of two-wheelers

• Electric Vehicles (EV) battery for four wheelers

Licences and Authorisation Required by Producer of Li-on Battery

The following licences will be required to obtain EPR for Lithium-ion Battery Importer & Manufacturer -

Business Registration: Whether the producer manufactures the lithium-ion battery or imports it, business registration is required to give the business a legal identity.

Consent NOC: The producer that engages in the manufacturing of Lithium-ion batteries must obtain a pollution control certificate, also known as Consent NOC, from the concerned State Pollution Control Board (SPCB) or Pollution Control Committees (PCC). The SPCB award these NOC at two stages, i.e. Consent to Establish (CTE) and Consent to Operate.

Factory Licence: The lithium-ion battery manufacturer must obtain a factory's licence per the Factories Act, 1948. The main objectives of this act are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact a special provision in respect of young persons, women and children who work in manufacturing establishments.

 

EPR Registration for Producers: The manufacturers and importers of Li-on batteries have to periodically register themselves with the CPCB through their centralised online portal and provide the EPR Plan. The plan must show how they intend to fulfil their EPR. The key documents required to obtain EPR for Lithium-ion Battery Importer & Manufacturer include the following:

• GST certificate
• Importer Exporter Code (IEC)
• Ownership documents of the site (rent or lease proof)
• Memorandum of Association (MoA)
• Details of imported products like EEE (Electronics and Electrical Equipment) code, quantity imported and so on
• Form 1 for EPR authorisation
• EPR plan copy of permission from relevant ministry/department for selling their product
• Copy of agreement with collection centre, recyclers, dealers, treatment storage and disposal facilities
• Copy of trade licence issued by Directorate General of Foreign Trade (DGFT)

• Self-declaration, including the importer, brand and authorised person’s name and contact details

Additional Licences and permits

• IEC (Import Export Code)
• MSME (Ministry of Micro, Small and Medium Enterprises) certificate
• Fire NOC
• BIS registration

How to obtain EPR Registration for Lithium-Ion Battery

Registration with CPCB The manufacturer and importer must fill out the registration at the centralised online portal and providethe mandatory documentsto the CPCB. Getting this registration is vital for EPR for Lithium-ion Battery Importer & Manufacturer. The CPCB will be the nodal authority in this regard.

Submission of EPR Plan Applicants must submit the EPR Plan according to Form 1 (C) of the rules. The plan must be as per the suggested format and include details of the battery quantity, weight, dry weight, and details of the network of recyclers and refurbishers.

Issue of registration After filling out the form on the centralised portal, the producer will be allowed to carry on the business of manufacturing, selling and importing lithium-ion batteries. The CPCB will be the registration issuing authority. The registration, however, will be subject to successful scrutiny of the documents and legalities involved.

EPR Obligations of Producers and Importers under Battery Waste Management Rules, 2022

• It will be the responsibility of a Producer to adhere to prohibitions and labelling requirements as prescribed in Schedule I of the 2022 Rules and ensure safe handling of old or waste batteries such that no damage to human health and the environment occurs. They must also bring into CPCB's notice any violation of the rules by entities they engage with.
• The producers will be fulfilling their EPR obligation for the battery they introduce in the market.
• They must register through the centralised online portal as Producersas per Form 1(A) of the rules. They will have to file for renewal in the same manner before 60 days of the expiry of the registration.
• They must provide an Extended Producer Responsibility plan in Form 1(C) to Central Pollution Control Board (CPCB) by 30th June every year for the battery manufactured in the preceding financial year. Moreover, they must submit an EPR plan for batteries manufactured in FY 2022-23 within three months of the publication of these rules plan must contain information on the quantity and weight of the battery, and dry weight of materials, among other relevant information as per the format provided in the rules.
• Producers cannot send waste batteries for landfilling or incineration. However, they can operate schemes such as a deposit refund system, buyback, or any other model to separate the waste lithium-ion battery from other battery waste.
• The producer can engage or authorise any other entity to collect, recycle or refurbish waste lithium-ion batteries. Still, the obligations of meeting the EPR targets will remain with the producer.
• They must file annual returns in Form 3 regarding the Waste Battery collected and recycled or refurbished by them or through other entities with both CPCB and concerned SPCB in Form 3 by 30th June of the next financial year.

• Producers must achieve the minimum use of domestically recycled materials in new lithium-ion batteries they manufacture. In the case of imported batteries, the producer shall have to meet the obligation of the minimum use by getting such quantity of recycled materials utilised by other businesses or by exporting such amount of recycled materials.

A Producer can also meet its EPR obligation under a category by purchasing surplus EPR certificates from producers of the same battery category.

How will Enterclimate Assist You?

All-inclusive assistance in your EPR obligations Enterclimate has a diverse team of experts to facilitate your EPR Registration and post compliance for EPR for lithium-ion Battery Importers & Manufacturers. We have an experienced team of environmental experts that can assist you EPR Plan and other licencing and permit requirements for your Lithium-ion battery business.

Expert Advice all along the way With more than ten years of experience, Enterclimate ensures a speedy and hassle-free experience towards all legalities in importing and manufacturing Lithium-ion. Our experience with authorisation and licencing related to Waste Management Business.

Swift Assistance and customer support We have a country-wide network of experts assisting businesses. We are known for practical client support and always try to ensure that communication with our clients is productive and seamless.