E-waste Recycling Agreement - Overview

In this tech-savvy world, almost everyone has or uses an electronic device. Notably, producing new electronic devices needs lots of resources and energy. Eventually, rapid changes and advancements in electronic and electric equipment (EEE) mean older ones are disposed of and, thus, become e-waste. This not only damages the environment but also calls for proper e-waste management. But this problem can be handled in an environmentally sound manner. E-waste recycling is an effective solution that helps decrease the pollution generated while producing a new product. The process also promotes a circular economy and lowers the adverse effects caused by extracting limited and valuable resources. In addition to this, there are other benefits also. Electronic recycling reduces the energy used in making a new product.

When e-waste is recycled, it doesn't go into a landfill. Instead, the components of EEE are segregated. Non-recyclable parts are appropriately discarded. This reduces their harmful environmental impact. Reusable e-waste components are collected. These are used to create new products. All these steps are conducted individually under e-waste management. This mandates a person to obtain an e-waste recycling agreement. This is important to start a business in India.

A notable example of e-waste recycling was seen during the 2020 Tokyo Olympics. Interestingly, all the medals were made of 50,000 tonnes of e-waste. An organising committee made all the medals. They were made from precious metals. These metals were recovered and recycled from used laptops. Old smartphones and other discarded devices were also used. This highlights why e-waste recycling is important.

But unfortunately, only 20% of e-waste is recycled. Reports show India produces about 2 million tonnes (MT) of e-waste annually. Moreover, the country ranks fifth among e-waste-producing nations. India also lacks precious mineral resources. However, untreated e-waste goes to landfill. Thus, regulated and well-designed e-waste recycling is vital. So, the Government of India framed the E-waste Management Rules, 2016. The rules are amended regularly. Apart from highlighting all the necessary details, the rules and the associated amendments specify how to obtain an e-waste recycling license. Here are the details.

E-Waste (Management) Rules, 2022

The rules will apply to every recycler. The recycler must be involved in processing and recycling e-waste. EEE as listed in Schedule I are also included. Add to it, their parts, consumables and components. Spares which make the product operational are an added plus.

However, EWM Rules will not apply to –

• waste batteries according to the Battery Waste Management Rules, 2022;
• packaging plastics covered under the Plastic Waste Management Rules, 2016;
• radioactive wastes as mentioned in the Atomic Energy Act, 1962 and rules made there under; and
• micro-enterprise as listed in the Micro, Small & Medium Enterprises Development Act, 2006 (27 of 2006).

Definitions under EWM Rules, 2022

Before obtaining an e-waste recycling agreement, it is essential to understand some related terms.

Related terms

E-waste is any EEE, including solar photovoltaic panels, cells, or modules, wholly or partly discarded as waste and rejected from manufacturing, refurbishment and repair processes.

A recycler is any entity or person who is engaged in e-waste recycling and reprocessing of EEE/ their components/assemblies/parts for recovery of semi-precious or precious metals, including rare earth elements and other valuable, recoverable materials to reinforce the secondary sourced materials and owning facilities as mentioned in the CPCB’s norms;

Environmentally sound management of e-waste means following all measures. These steps ensure that e-waste is properly managed. It is done to protect human health and the environment. These are protected against any adverse effects resulting from such e-waste.

A facility is any location where e-waste management is done. It includes e-waste recycling, reception and storage. Its collection, refurbishing and segregation also happens here. E-waste treatment and disposal also occurs at the facility.

Extended Producer Responsibility (EPR) is the responsibility of any EEE producer. The producer must achieve recycling targets. The targets are given in Schedules III and IV. These must be met only via registered e-waste recyclers in India. This ensures environmentally sound management of such waste.

Responsibilities of the recycler

All recyclers shall have to -

• collect the e-waste on a quarterly or monthly basis from the manufacturers;
• tie up with producers, importers and brand owners (PIBOs);
• obtain authorisation for e-waste recycling from the respective State Pollution Control Board (SPCB) as per the process under the sub-rule (3) of rule 13;
• register on the portal;
• guarantee that the material or parts not recycled in the e-waste recycling plant are sent to the respective registered recyclers;
• guarantee that the recycling processes and facility comply with the SOPs  and guidelines laid down by the Central Pollution Control Board (CPCB) or SPCB;
• maintain a record of e-waste recycled and dispatched to the registered recycler in Form 2 on the portal & present all documents for audit or verification as and when asked by C/SPCB;
• guarantee that no harm is occurs to the environment while storing or transporting e-waste;
• guarantee that residue produced while e-waste recycling is discarded in an authorised TSDF (treatment storage disposal facility);
• file annual or quarterly returns in Form 3 on the portal before or at month end succeeding the quarter or year to which the return relates;
• present all records to the S/CPCB for inspection;
• aware people via media, publications, advertisements, posters or by such other communication methods;
• guarantee that e-waste recycling doesn’t have any adverse effect on the environment and human health;
• obtain WEEE (waste electrical and electronic equipment) or components not listed in Schedule-I for recycling, given that they don’t have any radioactive material, and the same must be uploaded on the website;
• explain the reason and upload the same about any quantity/any non-recyclable e-waste which is not recycled and disposed of;
  Given that the waste transportation of waste produced from manufacturing or recycling destined for final disposal to a TSDF must follow the Hazardous Wastes (Management, Handling and Transboundary Movement) (HOWM) Rules.
  Copy 1 (Yellow in colour) - Intended to be kept by the sender after getting it signed by the transporter, and the other three copies must be carried by the transporter.
  Copy 2 (Pink in colour) - The receiver must keep it after getting it signed by the transporter.
  Copy 3 (Orange in colour) - To be held by the transporter after the receiver signs it.
  Copy 4 (Green) - Must be returned by the receiver to the sender after signing;
• ask for help from dismantlers for recycling purposes; the recycler is liable to guarantee proper material flow to and from the dismantlers. Also, the dismantler must only hand over the dismantled items to a registered recycler. Furthermore, he should preserve a record of the same;
• recyclers of solar photovoltaic panels, cells or modules are mandated for recovery of material as decided by the CPCB regarding this;
• a recycler operating without e-waste recycling authorisation is regarded as causing damage to the environment;
• it must be noted that environmental compensation or financial penalties are being levied under the norms of the Environment (Protection) Act (EPA), 1986, and associated rules on unregistered recyclers and any unit that encourages or aids the violation of the EWM Rules, 2022, by the SPCB with the prior approval of the CPCB under the guidelines published by the boards;
• must adhere to Standard Operating procedures (SOPs) and norms for recycling and disposal of e-waste under the rules issued by CPCB;
• an e-waste recycler can appeal against any order by CPCB/SPCB in Form 7 and
• suppose an accident occurs during the transportation of e-waste or at the facility processing e-waste. In that case, the recycler must immediately report to the concerned SPCB about the accident via e-mail and call.

Procedure for storage of e-waste

All e-waste recyclers must store the waste for up to six months. They must preserve a record of the transfer, storage and sale of e-waste and make these records available for inspection. Given that, the CPCB may extend the said period up to one year if the e-waste is to be precisely stored to create a process for its recycling or reuse.

EPR Certificate Generation for E-waste Recycling

The CPCB generates an EPR certificate equal to an e-waste recycling agreement through the portal in the name of a registered recycler in a pre-decided format.

The quantity eligible for issuing of EPR certificate for e-waste recycling is calculated as follows:

QEPR = Cf x Qp

QEPR = the quantity eligible for the generation of the certificate

Qp = the quantity of the end product

Procedure for Grant of Registration

1. Every entity intending to obtain an e-waste recycling agreement in India must apply within three months in Form 4 in triplicate to the SPCB, attached with a copy of the following documents for the grant of registration:

• CTE as given by the SPCB under the Air & the Water (Prevention & Control of Pollution) Acts;
• E-waste passbook;
• Certificate of registration granted by the District Industries Centre (DIC) or any other government agency authorised in this regard;
• Proof of installed capacity of plant & machinery granted by the DIC or any other authorised government agency;
• Details of e-waste suggested to be procured from reprocessing;
• Details of occupational safety and health aspects;
• Copy agreement with a producer;
• Pollution NOC;
• Copy of agreement with Collection Centre;
• TSDF Facility Service Authorisation;
• Validity of EPR Authorisation;
• Fire NOC;
• Factory's licence;
• Details of Consents Validity;
• Details of Recycling Process;
• E-waste processed during last three years;
• Details of storage for dismantled e-waste;
• Udyam Registration Certificate;
• CTO;
• Details of facilities for recycling;
• Copy of agreement with recycler;
• Details of storage for raw & recovered materials; and
• Hazardous Waste Authorisation;
• Register at the Udyog Aadhaar MSME

2. The SPCB, upon receipt of the complete application and ensuring that the e-waste recycler has sufficient requisite facilities, technical capabilities and equipment to process and recycle e-waste and is using environmentally sound technologies, grants registration to such applicants stipulating therein necessary conditions as decided mandatory for performing safe operations at only the authorised place.

3. The SPCB can also refuse to grant the e-waste recycling licence after allowing the applicant to be heard by order.

4. The SPCB can also cancel and suspend the granted registration if it has reasons to believe that the registered e-waste recycler has failed to comply with any norms of the Act/Rules/any of the conditions of registration after allowing the recycler to be heard and post recording the reasons.

5. The e-waste recycler must preserve records of the e-waste processed and purchased. Furthermore, he/she must file annual returns of its activities of the previous year in Form 3 to the SPCB/Pollution Control Committee (PCC) on or before the 30th (last day) of June of every year.

Frequently Asked Questions