EPR Authorisation (E-Waste)

Introduction to Extended Producer Responsibility (EPR)

Extended Producer Responsibility [EPR] is a legislative strategy implemented by industrialised nations in order to encourage and promote the reuse, recycling, and eco-friendly disposal of electronic and polymer waste. EPR lays the responsibility of disposing of this waste on the manufacturer of the goods itself. EPR rules are put in place to ensure that the manufacturer/producers take the responsibility of minimising the impact of the waste generated by their products.

The producers are required to collect back the waste generated from their products when such products reach the end of its life cycle. It THis can be done either by promoting the collection (take-back process)  of the waste generated post the consumption of their products or by encouraging the recycling of such products in the most eco-friendly manner possible. Recycling should be done or assigned only to the recyclers registered with the respective Pollution control committee or Board.

Under the EPR scheme, companies involved in waste management are required to register with the CPCB and implement a waste management plan. They are also required to pay a fee for the registration and for any services provided by the CPCB under the EPR scheme. However, there is no concept of "authorization" involved in this process.

If you are looking for information on the registration process for waste management companies under the EPR scheme, you can visit the official website of the CPCB and click on the "EPR Registration" tab. The website will provide detailed instructions on how to fill out the online application form and submit the required documents.

EPR is issued by central pollution control board (CPCB) to producers who are responsible for the generation of e-waste or plastic waste or polymer waste or bulk users of these wastes.

Applicability of EPR on E-Waste

As per the E-Waste (Management) Rules in India, EPR Authorization is required by:

1. Producers: Producers include any person, irrespective of their selling technique (through a dealer, retailer, e-commerce platform, etc.), who manufactures and offers to sell electrical and electronic equipment and their components or consumables or parts or spares which have hazardous substances under the ambit of these rules. It also includes a person who offers to sell under his own brand, any imported electronic and electrical equipment and their components or consumables or parts or spares.

2. Importers: Any person importing electronic and electrical equipment and their components or consumables or parts or spares which have hazardous substances under the ambit of these rules.

3. Manufacturers: Any person who manufactures electronic and electrical equipment and their components or consumables or parts or spares which have hazardous substances under the ambit of these rules.

EPR Authorisation is applicable to producers, manufacturers, bulk users, importers, recyclers, dismantlers & collection centres of electric and electronic equipment waste.

These individuals or entities must obtain EPR Authorization from the Central Pollution Control Board (CPCB) before they can sell or import their products in India. It's important to note that this is a brief overview, and the actual E-Waste (Management) Rules may include additional details or exceptions.

Electrical and electrical equipment includes the following:

• IT and communication equipment and
• Consumer electrical and electronics such as TVs, Washing machine, refrigerators, Air conditioner including fluorescent and other mercury-containing lamps are covered under these rules.

As per the recent notice by central pollution control board (‘CPCB’) has emphasized the requirement for all producers of electronic and electrical equipment under E-waste management rules, 2016, to obtain extended producers responsibility-Authorization (EPR authorization) from CPCB. It can be obtained after applying in form-1.

Authorization is needed to be obtained for ensuring that end-of-life EEE generated from the products of the producers are canalized to authorization dismantler/recyclers.

EXTENDED RESPONSIBILITY RESPONSIBILITY IS APPLICABLE ON THE FOLLOWING:

1. Bulk consumer means the majority of consumers of electrical and electronic devices, such as central government or government agencies, public sector companies, banks, educational institutions, international organizations, international agencies, partnerships and public or private companies registered under the Factories Act of 1948 (63 of 1948) and the Companies Act of 2013 (18 of 2013) and health-care facilities with a turnover of more than one crore or more than 20 employees:

• Central government or state agencies, who use electronic equipment in massive quantities for various administrative purposes.
• Public sector companies, that utilize significant volumes of electronic equipment to maintain their operations.
• Banks, where electronic devices are integral to provide efficient and fast services to customers.
• Educational institutions, which use electronic equipment for teaching and research purposes.
• Companies registered under the Factories Act of 1948 and the Companies Act of 2013, that use electronic equipment for their day-to-day operations.
• Health-care facilities with a turnover of more than one crore or more than 20 employees; these facilities use electronic devices extensively for diagnostic, therapeutic and administrative purposes.

2. Collection Center means a centre or collection point or both established by the producer individually or as an association to collect e-waste in order to channel the e-waste to the recycler and to play the role stated in the producer's Extended Producer Authorisation and have facilities in compliance with the guidelines of the Central Pollution Control Board, including the collection centre formed by the dismantler or recycler, which should form part of their authorization issued by the State Pollution Control Board where the facilities are situated:

• They play a pivotal role in the e-waste management ecosystem by channeling e-waste to recyclers.
• Collection centers formed by dismantlers or recyclers form part of their authorization, providing the much-needed link in the e-waste management chain.

3. Dealer means any individual or company that purchases or receives electrical and electronic equipment and its components or consumables or parts or spare parts from producers for sale as listed in Schedule I of these Rules. They form a significant part of the e-waste generation and collection process since they directly deal with the sale of electronic equipment to consumers.

4. E-retailer means a person or business organization that uses the Internet, telephone, electronic network to sell its goods. E-Retailers sell electrical and electronic equipment and their components or consumables or spare parts directly to customers through an online platform. They have a responsibility to ensure the e-waste generated by the products they sell online is properly managed and disposed of as per EPR rules.

5. Manufacturer means an individual or organization or business as specified in the Companies Act, 2013 (2013) or business as specified in the Factories Act, 1948 (1948) or Small and Medium Enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (2006), which has electrical and electronic equipment manufacturing facilities.

• Companies registered under the Companies Act, 2013
• Entities registered under the Factories Act, 1948
• Small and Medium Enterprises under the Micro, Small and Medium Enterprises Development Act, 2006

6. Producer means any person who, irrespective of the selling technique used, such as distributor, seller, e-retailer, etc.;

• manufactures and offers to sell electrical and electronic equipment and its components or consumables or parts or spare parts under its own brand; or
• offers to sell electrical and electronic equipment assembled under its own name, and its components or consumables or parts or spare parts manufactured by other manufacturers or suppliers; or
• offers to sell imported electrical and electronic equipment and its components or consumables or parts or spare parts;

​7. ​Recycler means any individual engaged in the recycling and reprocessing of electrical and electronic waste equipment or assemblies or components thereof and having facilities as laid down in the Central Pollution Control Board guidelines. 

• Entities that sell under their own brand
• Entities that sell assembled electrical and electronic equipment under their own name
• Entities that sell imported electrical and electronic equipment

8. Refurbisher means any company or undertaking registered under the Factories Act, 1948 or the Companies Act, 1956 or both or district industrial centres engaged in the refurbishment of used electrical and electronic equipment for the purposes of those rules:

• Entities registered under the Factories Act, 1948
• Companies registered under the Companies Act, 1956
• District industrial centers.

Documents Required

➲ CIN Certificate.

➲ MOA (1st,2nd and last page).

➲ GST certificate.

➲ Rent Agreement.

➲ Aadhar Card and PAN card of the authorized signatory.

➲ Board declaration for authorized signatory.

➲ EC Code (Only in case of imports)

➲ Letter Head in the original.

➲ Product Details mentioning year-wise import (expected/actual) 

➲ A booklet containing product details (soft copy)

➲ Letterhead (pdf format).

➲ Quantity of product placed in the Indian market (Year Wise)

➲ URL of Companies Website

➲ Toll-Free No of the Company

➲ Details of Collection Center(s)

Procedure for obtaining EPR Registration

To ensure compliance with EPR regulations, entities falling under the applicability criteria must obtain EPR authorization from the Central Pollution Control Board (CPCB) in India. The authorization process involves several steps, including the submission of relevant documents and payment of fees. Let's delve into each step in detail.

Step 1: Understanding the EPR Registration Process

The first step in obtaining EPR authorization is understanding the registration process. The CPCB has provided detailed instructions on its official website, guiding applicants through the entire process. It is essential to familiarize yourself with these instructions to ensure a smooth registration experience.

Step 2: Gathering Required Documents

To initiate the EPR registration process, you will need to gather the necessary documents. These documents typically include:

• Proof of identity and address of the applicant
• Certificate of incorporation or partnership deed
• Details of the products manufactured or imported
• Environmental clearance certificate, if applicable
• Consent to establish and operate, if applicable
• Any other documents specified by the CPCB

Ensure that you have all the required documents in the prescribed format before proceeding with the registration process.

Step 3: Online Application Submission

Once you have gathered all the necessary documents, you can proceed with the online application submission. The CPCB's website provides an online application form specifically designed for EPR registration. Fill out the form accurately, providing all the required information. Make sure to double-check the form for any errors or omissions before submitting it.

Step 4: Payment of EPR Registration Fees

Along with the application, you will need to pay the prescribed EPR registration fees. The fees may vary depending on the scale of operations and the type of authorization sought. It is essential to check the CPCB's guidelines for the specific fee structure applicable to your organization. Ensure timely payment of the fees to avoid any delays in the registration process.

Step 5: Document Verification and Approval

Once you have submitted the application and paid the fees, the CPCB will initiate the document verification process. They will review the submitted documents to ensure compliance with the EPR regulations. If any discrepancies or missing information are identified, you may be asked to provide additional documents or rectify the errors.

Upon successful verification, the CPCB will grant EPR authorization to your organization. This authorization enables you to sell or import your products while ensuring compliance with the E-Waste (Management) Rules.

Why was EPR introduced in India?

The E-Waste (Management) Rules, 2016, the Plastic Waste Management Rules, 2016, and the Solid Waste Management Rules, 2016 are critically reviewed with respect to the "extended producer obligation" concept, compared to the first EPR-based regulations in India, the Batteries (Management and Handling) Regulations, 2001. The failure of recent regulations to consider the role of the broad informal sector in the collection and recycling of solid waste, one of the key reasons for the failure of BMHR, undermines their effectiveness. To address this downside, an EPR process has been introduced to combine the informal collection system with formal recycling, along with the removal of informal recycling units.

The Extended Producer Responsibility (EPR) for e-waste was introduced in India to promote sustainable waste management practices and reduce the environmental impact of e-waste.

E-waste refers to the waste generated from discarded electronic and electrical equipment, such as computers, phones, and appliances. This waste is a major source of pollution, as it contains hazardous substances such as lead, mercury, and cadmium that can contaminate the air, water, and soil.

The EPR scheme for e-waste was introduced by the Ministry of Environment, Forest and Climate Change (MoEFCC) under the E-Waste (Management) Rules, 2016. It applies to all producers, manufacturers, and importers of electronic and electrical equipment, as well as dealers and collection centers involved in the management of e-waste.

The EPR scheme for e-waste requires companies to register with the relevant state pollution control board and implement a waste management plan. They are also required to pay a fee for the registration and for any services provided by the state pollution control board under the EPR scheme.

The main objective of the EPR scheme for e-waste is to reduce the amount of e-waste being sent to landfills and incineration plants, and promote the recycling and reuse of e-waste. It aims to create a more circular economy by incentivizing companies to design their products in a way that makes them easier to recycle and dispose of safely.

Role of Extended Producer Responsibility Plan

The Extended Producer Responsibility (EPR) Plan holds a pivotal role in steering a sustainable environment, acting as a compass for businesses to navigate their waste management strategies. The EPR Plan, a crucial part of the EPR framework, is the blueprint that outlines a company's strategy for managing the waste generated by its products, from inception to end-of-life.

At its core, the EPR Plan serves to detail the proactive measures a business takes to reduce, reuse, and recycle the waste produced by its operations. This plan is of profound significance as it provides a roadmap for manufacturers to ensure the environmentally sound disposal of their products. It's a binding document that demonstrates a producer's commitment to minimizing environmental damage and promoting a circular economy.

The EPR Plan typically outlines the various steps a producer will take to ensure the collection and recycling of waste generated from their products. This includes the creation of robust and efficient collection systems, which may involve setting up physical collection centers, collaborating with local authorities, or establishing partnerships with retailers.

Moreover, the EPR Plan encapsulates the producer's strategy for raising consumer awareness about responsible waste disposal. Public awareness campaigns, educational programs, and instructions on product labels are often integral parts of these strategies. By fostering consumer consciousness about the importance of recycling and appropriate waste disposal, the EPR Plan can significantly enhance the effectiveness of the 'take-back' mechanism and stimulate the desired behavioral change in consumers.

Another vital role of the EPR Plan is to guide the design and manufacturing processes. As a part of their EPR Plan, producers are often encouraged to design products that are easier to recycle or dispose of in an environmentally friendly manner. This 'Design for Environment' approach has the potential to revolutionize the production processes, making them more sustainable and less damaging to the environment.

The EPR Plan also plays a crucial role in regulatory compliance. By registering with the Central Pollution Control Board (CPCB) and submitting an EPR Plan, companies demonstrate their commitment to environmentally responsible practices. This not only helps them meet legal obligations but also establishes their corporate image as an eco-conscious brand.

EPR plan is a comprehensive blueprint that guides producers in managing their product waste in an environmentally sound manner. It encompasses all stages of the product lifecycle, from design to disposal, ensuring that both the producer and the consumer play their part in maintaining a sustainable environment. The implementation of an EPR plan is not just a regulatory requirement but also a critical step towards achieving sustainable development goals.

An effective Extended Producer Responsibility (EPR) plan plays a pivotal role in ensuring the sustainable and eco-friendly management of waste, specifically electronic waste (e-waste). Here's a comprehensive list of what an EPR plan should aim to achieve:

1. Waste Minimization: A key objective of an EPR plan is to devise strategies that can help reduce the overall volume of waste generated throughout the product's lifecycle. From the manufacturing process to the post-consumer stage, the plan should focus on reducing waste generation.

2. Accurate Estimation of E-Waste Generation: The EPR plan should include a mechanism for accurately estimating the quantity of e-waste generated from end users. This data is vital for planning effective waste management strategies and ensures that the necessary resources are allocated for waste management.

3. Systematic Collection and Channelization of E-Waste: The plan should outline a structured scheme for the collection and channelization of e-waste to authorized recyclers. This ensures that e-waste is handled responsibly and prevents illegal or environmentally harmful disposal methods.

4. Recycling and Reuse: The EPR plan should incorporate effective mechanisms for the recycling and reuse of product waste. This not only helps conserve resources but also minimizes the amount of waste that ends up in landfills.

5. Eco-friendly Disposal: For cases where recycling or reuse is not feasible, the EPR plan should detail environmentally-friendly methods for waste disposal. This minimizes the environmental impact and promotes sustainable waste management practices.

6. Consumer Awareness: An EPR plan should include strategies to increase consumer awareness about responsible waste disposal. This could involve educational campaigns, workshops, or instructions on product labels, informing consumers about proper disposal or recycling procedures.

7. Compliance with Regulatory Bodies: The EPR plan should ensure compliance with regulatory bodies, like the Central Pollution Control Board (CPCB) in India, or equivalent bodies in other countries. This includes obtaining necessary registrations, fulfilling reporting requirements, and conforming to local and international environmental standards.

8. Ensuring RoHS Compliance: The plan should compel producers to ensure conformity with the Restriction of Hazardous Substances (RoHS) Directive. This directive restricts the use of specific hazardous materials found in electrical and electronic products. The plan should include a declaration of RoHS compliance with the necessary documentation.

9. Budget Allocation for EPR Implementation: The plan should include a comprehensive budget estimate for the smooth and efficient implementation of the EPR. This ensures that all aspects of e-waste management are adequately funded and carried out effectively.

10. Provision for Revising the EPR Plan: The plan should allow manufacturers to revise their EPR plan regularly, with the provision of informing the concerned authority about any changes. In such scenarios, the EPR authorization would require amendments.

An Overview of E-Waste (Management) Rules, 2022

1. Introduction to EPR in the E-Waste (Management) Amendment Rules, 2023

   • The Ministry of Environment, Forest and Climate Change (MoEF&CC) released new guidelines for the implementation of EPR under the E-Waste (Management) Amendment Rules, 2023. The guidelines introduce a revised EPR plan that all producers must follow.

2. EPR Authorization Process

   • Producers, importers, and manufacturers of electrical and electronic equipment must register with the Central Pollution Control Board (CPCB) before they can sell their products in India. The EPR authorization given by CPCB is valid for five years and needs to be renewed six months before it expires.

3. Environmentally Sound Management of E-Waste

   • The 2023 rules require manufacturers, producers, and importers to ensure environmentally sound management of their products once they reach their end of life. This involves channeling the e-waste to registered dismantlers or recyclers and ensuring that the e-waste does not end up in landfills or informal recycling sectors.

4. Creating Public Awareness about E-Waste

   • Producers are required to create awareness about the hazards of improper disposal of e-waste. They need to provide information on their websites or through other means about the hazardous components present in their products and the correct method of handling the waste produced by them.

5. Record Keeping for Transparency and Accountability

   • To ensure transparency and accountability, the rules mandate that producers maintain records of e-waste generated and make these records available for scrutiny by the CPCB. This helps in monitoring and ensuring compliance with the rules.

6. Financing and Organizing E-Waste Management Systems

   • Producers are now required to finance and organize an environmentally sound management system for e-waste. This includes setting up collection centers or take-back systems either individually or collectively. The rules also stipulate that producers should strive to use the components and materials recovered from the e-waste in the manufacturing of new products.