E- Waste (Management & Handling) Rules, 2011 and Guidelines

Size: px

Start display at page:

Download "E- Waste (Management & Handling) Rules, 2011 and Guidelines"

Joy Horn
6 years ago
Views:

1 E- Waste (Management & Handling) Rules, 2011 and Guidelines In an effort to contain the harmful effects of excessive use and to ensure environmentally sound disposal of the electrical goods and electrical gadgets the Government of India promulgated the E- waste (Management & Handling) Rules, Marking the momentous event in impacting the future and the wellbeing of the people the Government notified the Rules and guidelines in May 2011 to become effective from May Background Guidelines for Environmentally Sound Management of E- waste, which were notified by Government in March, 2008 became the first official attempt recognizing the need to control and manage the growing electronic waste. These mandated for creating and building of systems sound enough to help protect the delicate environment. With the inclusion of E- waste in the Schedule IV of the HAZARDOUS WASTE Rules, 24th September, 2008 the generators of e- waste were obligated to give e- waste only to recyclers who have the environmentally sound facilities for dismantling & recycling of e- wastes. The draft rules were published by the Ministry of Environment and Forests, Government of India on 14 th May 2010 which now we know as Rules of E- Waste Management and Handling Rules, 2011 The rules and guidelines are defined and explained through six chapters, three schedules and five forms. It also delineates RoHS Provisions which pertain to the Restriction of Hazardous Substance in Electrical & Electronic Equipment and that came into effect from May Chapter 1 Has definitions of various terms Chapter 2 Responsibilities of Producers, Collection Centers, Dismantler, Recycler and Bulk Consumer Chapter 3 - Procedure for seeking Authorization & Registration Chapter 4 - Storage of E- Waste Chapter 5 - RoHS Chapter 6 Duties of Regulatory Authorities, Annual Report from Producers, Collection Centers, Dismantlers, Recyclers, Transportation, Accident Reporting Schedule I: List of Equipment [pertaining to rules 2(1), 3(j) & (k)] Schedule II: Exemptions list for RoHS [pertaining to rule 13(2)] Schedule III: List & Duties of Regulatory Authorities [pertaining to rule14] Forms I V for application for obtaining authorization for generation, collection, storage, dismantling, recycling of e- wastes & for maintenance of records, filing of annual returns, registration of facilities and processes and annual report submitted by SPCBs & PCCs to CPCB. Objectives of E- Waste (Management and Handling) Rules, 2011 The prime objectives which the E- waste rules intend to achieve with the promulgation of this important piece of legislation can be broadly enumerated as under: Minimize illegal recycling / recovery operations

2 Environmentally Safe & Sound Recycling by channelizing E- waste to registered E- waste recyclers Extended Responsibilities to producers to manage a system of E- waste collection/take back and channelizing to a registered dismantler/recycler. Responsibilities to Urban Local Bodies for orphan products and for waste found mixed with MSW To Create an E- waste collection channelization system Reduce Hazardous substances in Electrical and Electronic components Important definitions Some of the important terms included and defined in the rules are as under: E- waste means waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded. Electrical and electronic equipment means equipment which is dependent on electrical currents or electro- magnetic fields to be fully functional. Producer means any person who, irrespective of the selling technique used! manufactures and offers to sell electrical and electronic equipment under his own brand; or! offers to sell under his own brand, assembled electrical and electronic equipment produced by other manufacturers or suppliers; or! offers to sell imported electrical and electronic equipment; Historical E- Waste - E- waste generated from electrical and electronic equipment as listed in Schedule I, which was available on the date from which these rules come into force Orphaned Products Non- branded or assembled electrical and electronic equipment as listed in Schedule I or those produced by a company, which has closed its operations or has stopped product support. Bulk Consumers - Bulk users of electrical and electronic equipment such as central government or state government departments, public sector undertakings, banks, educational institutions, multinational organizations, international agencies and private companies that are registered under the Factories Act, 1948 and Companies Act, 1956 Extended Producer Responsibility The responsibility put on any producer of electrical or electronic equipment extending beyond the manufacturing. This calls for an environmentally sound management of end of life phase of products. Categories of EEE covered in E- Waste (Management and Handling) Rules, 2011 The categories of electrical and electronic equipment covered under the rules which have been placed in the Schedule I also pertain to the rules 2 (1), 3 (j) & (k) of the E- Waste (Management and Handling) Rules, 2011.

3 IT and telecommunication equipment: " Centralized data processing; Mainframes, Minicomputers; Personal computing; Personal computers (Central processing unit with input and output devices), Laptop computers (Central processing unit with input and output devices), Notebook computers, Notepad computers, Printers including cartridges, Copying equipment, Electrical and electronic typewriters, User terminals and systems, Facsimile, Telex, Telephones, Pay telephones, Cordless telephones, Cellular telephones, Answering systems Consumer electronics: " Television sets (including sets based on (Liquid Crystal Display and Light Emitting Diode technology), Refrigerator, Washing Machine, Air- Conditioners excluding centralized air conditioning plants. Stake Holders identified in E- Waste (Management and Handling) Rules, 2011 These rules have brought into its ambit various sections of the society directly or indirectly engaged in purchase, sale, handling, processing, dismantling, recycling of e- wastes whether in small or large quantities apart from the regulatory and Ministry, controlling boards and authorities. Every producer, consumer or bulk consumer, involved in the manufacture, sale, and purchase and processing of electrical and electronic equipment or components as specified in schedule I Collection Centers, Dismantlers & Recyclers of E- waste Bulk Consumers & Individual Consumers Ministry of Environment & Forests (MoEF) /Central Pollution Control Board (CPCB) /State Pollution Control Boards (SPCBs) / Pollution Control Committees (PCCs) / Urban Local Bodies (ULBs) Responsibility of Producer Collection of e- waste generated from the end of life of their products in line with the principle of Extended Producer Responsibility (EPR), or generated during manufacturing of electrical and electronic equipment and channelization of such waste to registered dismantler or recyclers. Setting up collection centres or take back systems either individually or collectively Financing and organizing a system to meet the costs involved in the environmentally sound management of e- waste generated from the end of life of its own products and historical waste available on the date from which these rules come in to force. The financing arrangement of such a system shall be transparent. The producer may choose to establish such financial system(s) either individually or collectively by joining a collective scheme. To facilitate return of used electrical and electronic equipment by providing contact details such as address, telephone numbers/helpline number of authorized collection centers to consumer(s) or bulk consumer(s) Creating awareness through publications, advertisements, posters, or by any other means of communication and information booklets accompanying the equipment, with regard to:

4 # information on hazardous constituents as detailed in sub- rule 1 of rule 13 in EEE # information on hazards of improper handling, accidental breakage, damage and/or improper recycling of e- waste # instructions for handling the equipment after its use, along with the Do s and Don ts # affixing a visible, legible and indelible symbol on the products or information booklets to prevent e- waste from being dropped in garbage bins Reduction in the Use of Hazardous Substances (RoHS) Every producer of EEE shall achieve the thresh hold limits as prescribed in rule 13 (1) within a period of three years from the published notification. Imports of EEE shall be permitted only for those equipments, which are RoHS compliant. Maximum permissible concentration of lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers is 0.1% and in respect of cadmium the maximum concentration value is 0.01% in homogenous materials of electrical and electronic equipment as listed in Schedule I (by weight) 39 categories of equipments as listed in schedule II and equipment used for defence and strategic applications have been exempted from this provisions The above limits will not apply to components of electrical and electronic equipment manufactured or placed in the market six years before the date of commencement of these rules To obtain an authorization in accordance with the procedure under rule 9 from the concerned SPCB or PCC and provide details such as address, telephone numbers/helpline number, e- mail, etc. of such collection centre to the general public To ensure secure storage of the e- waste collected till it is sent to registered dismantler(s) or recycler(s) To ensure safe transportation of e- waste To file annual returns in Form 3, to the SPCB or PCC concerned on or before the 30 th day of June following the financial year to which that return relates To maintain records of the e- waste handled in Form 2 and make such records available for scrutiny by the SPCB or PCC. Responsibilities of Bulk Consumer To ensure that e- waste generated is channelized to authorized collection centers or registered dismantlers or recyclers or is returned to pick- up or take back services provided by the producers; To maintain records of e- waste generated by them in Form 2 and make such records available for scrutiny by the SPCBs/PCCs. Responsibilities of Dismantler & Recycler To obtain authorization and registration from the SPCB/PCC (rule 9 & 11) To ensure that no damage is caused to the environment during storage and transportation of e- waste To ensure that the dismantling/recycling processes do not have any adverse effect on the health and the environment

5 To ensure that the facilities and dismantling & recycling processes are in accordance with the standards or guidelines published by the CPCB from time to time Dismantler to ensure that dismantled e- waste are segregated and sent to the registered recycling facilities for recovery of materials Dismantlers shall not process any e- waste for recovery and/or refining of materials, unless registered as recycler for refining and recovery of materials. To make available all records to the CPCB or SPCB/PCC for inspection To ensure that residue generated after recycling is disposed of in a hazardous waste Treatment Storage Disposal Facility (TSDF) To file annual returns in Form 3 Responsibility of State Pollution Control Boards/ Pollution Control Committees The SPCBs & PCCs have been assigned the following duties: preparation of inventory of e- waste granting authorization granting registration monitoring of compliance of authorization and registration conditions maintaining information on the conditions imposed for authorization taking action against violations of these rules ensure that collection centre should not store e- waste for a period exceeding one hundred and eighty days. Responsibility of Municipal Authority The Municipal Authorities are responsible for: Channelization of e- waste after segregation to either authorized collection centre or dismantler or recycler if found to be mixed with MSW. Collection and channelization of e- waste generated from non- branded or assembled electrical and electronic equipment to either authorized collection centre or dismantler or recycler. These rules though not the first and certainly not the last but definitely put in place a much needed regulatory framework which imposes responsibilities on the stake holders for handling, managing and disposal of e- wastes in an environmentally sound manner. It is believed with time and the evolution in the pattern of the use and the advancement in technologies of the electronic and electrical equipment the rules would broaden and added onto. However, at present they do hold good promise to help protect our environments that sustain the very life on this Earth.

Approved on & Revised on

Approved on & Revised on Approved on 01-12- & Revised on 19-12-2017 Procedures for Evaluation of Application for Grant, Renewal and Refusal of Extended Central Pollution Control Board Hazardous Waste Management Division (Ministry