Pursuant to Rule 13(1)(ii), (iii) & (vi) of the E-Waste (Management) Regulations, 2016, the CPCB has been required to issue, renew or refuse the EPR-Authorization to Electrical & Electronic Equipment (EEE) Producers as set out in the schedule – I of those rules.

CPCB has prepared the following guidelines for the implementation of the 2016 E-Waste (Management) Regulations, which include specific guidelines for producers and other stakeholders in the field of Extended Producer Responsibility (EPR) Authorisation, channeling, processing, storage, transport, environmentally sound dismantling, recycling and renovation. Guidelines have a clear chapter on the EPR Program, a document requiring the form-I of the said regulations and a self-declaration on RoHS compliance.

TIMELINE:

The CPCB will review the EPR applications obtained from the Producers and issue the EPR authorisation in all respects within 120 days of receipt of the application. Accordingly, the CPCB is expected to review the information provided in the applications in accordance with Form-1 of the rules and also in accordance with the guidelines issued by the CPCB.

PROCESS OF EVALUATION OF THE APPLCATION

The process for evaluating applications for grant / renewal / refusal of EPR Authorisation is set out below;

A.] GRANT OF EPR AUTHORISATION

(i.) Receipt of Application:

The Applicant may submit an application in Form-I either by submitting a hard copy of the application or by submitting an online application to the CPCB web portal (with relevant attachments), in which case all relevant information / documents are attached. Before filling out the applications, the applicant is expected to refer the guidelines of the CPCB.

(ii.) Verification of Applications:

The CPCB can, within 25 days of receipt of the application, verify the applications and verify the information given with respect to the guidelines.

Officials verify the application in accordance with the following guidelines;

 

S. No.

Item to Verify

Details of Verification

1

Name and full address along with telephone numbers, e-mail and other contact details of Producer

i.)  Producer          shall          give information as per guidelines
ii.) CPCB officials will verify the
figures given and if required, may modify the figures as per guidelines

2

Name of authorised persons and full  address  with  e-mail, telephone and fax number

i.) Producer         shall         give information  as  outlined  in Form-I and CPCB guidelines
ii.) CPCB  officials  will  verify  the
EPR plan on following  points
(refer guidelines)
-  Brief    on    general    scheme    of collection
-    Details of collection centres
-    Details of PROs (Optional)
-    Flow-chart of channelisation
-    Whether all States are covered?
-  Specific collection schemes (buy- back, exchange, DRS, etc.)
-    Agreements      with      Authorised
Recyclers / Dismantlers
-    RoHS Declaration
-    Awareness Plan
-  In    case    Item    No:    CEEW5, producers should also give details of TSDFs or mercury recycler with whom they have tied up.
-    Any other scheme
-    Website information

3

Name & address of Producer Responsible Organisation (PRO)

This is not compulsory information. Producers may provide   information only in case they engage PRO

4

Details of    EEE placed on the market year wise during the previous 10 Years

Return application in case;
i.)  Blank information
ii.) Did not provide any document in support of EE placed on market in last 10 years (such as sales Tax returns, own    records    or    any relevant documents)

Note:
May accept the application even if information of 10 years sales not provided in the following cases;
i.) The producer started sales within last 10 years


ii.) Different items placed on the market in different years
iii.) Records destroyed/lost / untraceable; provided such claims are supported with an undertaking, where they shall specify the approximate quantity placed   on the market (Template for affidavit at Annexure-I)

5(i)

Estimated generation of waste Electrical and Electronic Equipment (WEEE)

i.) Producer shall give information as per guidelines
ii.) CPCB officials will verify and may modify this information as per guidelines

5(ii)

Estimated collection targets

i.)  Producer shall give information as per guidelines
ii.) CPCB officials will verify the figures given and if required, may modify the figures as per guidelines

6

EPR Plan

i.) Producer shall give information as outlined in Form-I and CPCB guidelines
ii.) CPCB  officials will verify  the EPR plan on following  points (refer guidelines)
-  Brief on general scheme of collection
-    Details of collection centres
-    Details of PROs (Optional)
-    Flow-chart of channelisation
-    Whether all States are covered?
-  Specific collection schemes (buy- back, exchange, DRS, etc.)
-    Agreements with  Authorised
Recyclers / Dismantlers
-    RoHS Declaration
-    Awareness Plan
-  In    case    Item    No:    CEEW5, producers should also give details of TSDFs or mercury recycler with whom they have tied up.
-    Any other scheme
-    Website information
7

The estimated budget for EPR

(i) Producer    shall    give    proposed financial allocation on following;
-    Awareness
-    Specific Collection Schemes
-    Collection Centres
-    PROs
-    Channelisation (including the cost of reverse logistics)
-    Recyclers / Dismantlers
-    ROHS testing
-    Any other schemes
8

Awareness Plan

(i) Producer shall describe awareness program along with budgetary allocation.
 

9 (a) & (b)

ROHS Compliance

Return application in case;

i.)  Blank information
Note:
(i) Producer   shall   provide   self- declaration   as  per  guidelines and which is reproduced at Annexure -II
(ii)  It   is   not   essential   to   attach technical  documentation     on ROHS, however such records (Annexure   –III)   have   to   be maintained as specified in guidelines

9 (c)

Documents

(i) Producer shall provide documents as specified in Rules and CPCB guidelines

 

Upon verification of the above, and if the information given is not as per the checklist, the letter will be issued by the AD concerned (until the web portal is operational) for the submission of the above-mentioned documents. When the web portal is up and running, the status of deficiencies will be submitted directly to the web portal.

 

(iii.) Review of applications:

Until the required information is accessible with the request, the request will be processed by the official concerned within 25 days of receipt of the full information from the applicant.

It will be the duty of the producers to ensure that they reach their goal through various means outlined in their EPR program. There is no fixed scale for the review of the information given on the following points; however, following are the points considered to determine if it is a workable plan:

a) Brief on the general collection scheme

b) Details of the collection centers

c) Details of the PROs (Optional)

d) Flow-chart of channelisation

e) If all States are covered?

f) Special collection schemes (buy-back, swap, DRS, etc.)

g) Agreements with Approved Recyclers / Disassemblers-ROHS Declaration

h) Awareness Plan

i) Details of TSDF’s of Mercury Recyclerswith which the producers have tied up, In case Fluorescent and other Mercury containing lamps.

j) Any other scheme-Website details CPCB can grant authorisation on the basis of an individual EPR plan as envisaged.

 

(iv) Approvement of the EPR-Authorisation & EPR Plan:

The EPR  Plan is approved by the Chairman of CPCB after it is reviewed by the concerned officials and recommended by the Member Secretary. Upon approval of the CCB, the AD dealing with the application may issue the authorisations of the EPR.

 

B] REFUSAL OF THE EPR-AUTHORISATION:

The CPCB may refuse the issuance of the authorisation of the EPR (In accordance with the provisions of Rule 13(1)(iii) of the said rules).

Such refusal may occur In the event that the applicant is unable to provide the correct information on the quantity put on the market, the EPR plan and the RoHS self-declaration as set out in the CPCB Guidelines within 45 days of receipt of the letter from the CPCB or the date of update of the status of the CPCB web portal.

The applicant will be given the opportunity to be heard within one month from the date of return of the application (by post or on the CPCB web portal) before considering the case for refusal of the authorisation of the EPR by the CPCB.

Cases for hearing shall be referred to the Chairperson of the CPCB annually after sufficient dates have been taken from the Chairperson's office.

Within 10 days of the hearing, the parties concerned shall file the respective facts / reasons for recommending the denial of authorisation.

The Chairman of the CPCB is the sole authority to take a decision on the rejection.

 

C] Cancellation of the EPR Authorisation:

The CPCB may cancel or suspend the authorisation of the EPR to the Producer ( In accordance with the provisions of Rule 13(1)(ix)) if the Producer fails to comply with any of the conditions of authorisation or with any provisions of the E(P) Act, 1986 or the E-waste (Management) Laws, 2016, during the time of authorisation.

If a producer is found to be in violation of the authorisation provision, a notice (by post or via CPCB web portal) may be issued by CPCB within 25 days during a random check by CPCB or on the basis of an SPCB verification.

The Applicant shall be given the opportunity to be heard within one month from the date of the publication of the notice (by post or on the CPCB website) before considering the case for the cancelation or suspension of the EPR authorisation by CPCB.

Cases for hearing on cancelation or suspension shall be referred to the Chairperson of the CPCB annually after the correct dates have been taken from the Chairperson's office.

Within 10 days of the hearing, the parties concerned shall file the facts / reasons for requesting the cancelation or suspension of the authorisation.

The Chairman of the CPCB shall be the sole authority to determine whether to cancel or suspend.