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Recycling agreement for battery recyclers - Overview

Recycling used batteries involve recycling lead, lithium, cobalt, nickel, plastics, rubber, glass, and other materials. Thus, the Battery Waste Management Rules came into the picture. The rules aim to guarantee the safe disposal of hazardous battery wastes. Furthermore, the BWM rules promote the circular economy via battery recycling. The rules mandate the battery waste recycling units present a waste battery processing certificate. Moreover, the rules mandate that the Central Pollution Control Board (CPCB) keep an eye on every step of the battery recycling process, from the inspection of used batteries to their disposal.

Interestingly, the Government of India (GoI) supports the new businesses and entrepreneurship engaged in recycling used batteries. Notably, the rules include environmental compensation that is enforced upon failure to meet EPR targets depending on the Polluter Pays Principle (PPP). Also, uncollected and non-recycled waste batteries must be repaired, gathered, or recycled with the help of the funds raised under the compensation. The upcoming sections cover details like these and much more.

Batteries (Management and Handling) Rules, 2001

BWM rules, 2001, apply to every battery scrap recycler engaged in the processing and use of batteries and components thereof.

Definitions

A battery is a lead acid battery (LAB) which is a means of electrical energy and has lead metal.

A recycler is an occupier who processes used lead acid batteries (ULABs) or components thereof for extracting lead;

A registered recycler is a recycler registered with the MoEF&CC or an agency authorised by it for reprocessing ULABs or components thereof;

Responsibilities of battery recyclers

Each battery recycler must

(i) submit an application to register with the MoEF&CC or an authorised agency if not applied already by furnishing details in Form VI (to be submitted in triplicate). The applicant intending to start a battery recycling business in India must provide the following details -

• Name & address of the unit
• Contact person with designation,
• Consent Validity (CTE and CTO)
• Validity of Authorisation in rule 5 of the Hazardous Wastes (Management and Handling) Rules, 1989, I.e., Hazardous Waste NOC
• Installed capacity of production in (MTA)
• State Pollution NOC
• Products Manufactured (Tones/year) during the last three
• Manufacturing Process flow diagram
• Water Consumption
• Water Cess paid up to
• Wastewater discharge
• Details of the Air Pollution Control
• Details of the Hazardous Waste Management
• Occupational safety and health aspects

(ii) guarantee strict compliance with the terms and conditions of registration. However, those already registered with the MoEF&CC or an agency authorised by it for reprocessing used batteries are bounded by the terms and conditions of such registration;

(iii) file annual returns as per Form VII to the State Board. The battery recyclers must provide the following information -

• Name and address of the recycler
• Name of the authorised person & full address
• Installed annual capacity to recycle used battery scarp (in MT)
• The total quantity of used battery scarp purchased from/sent for processing from October-March/April-September
• Recovered amount of lead from the used battery scrap in (MTA)
• Quantity of recycled lead sent back to

(iv) submit all records concerning the receipt of used batteries, quantities, sources and metal yield to the State Pollution Control Board (SPCB) for inspection;

(v) mark ‘Recycled’ on lead recovered by reprocessing; and

(vi) create public awareness via posters, advertisements, publications or others related to the following–

(a) lead hazards; and

(b) the obligation of consumers to return used batteries only to the registered dealers or deliver them to the designated collection centres.

Procedure for registration/renewal of registration of lead acid battery recyclers

(1) Every used lead acid battery recycler must apply in Form VI along with the following documents to the Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it for grant of registration or its renewal.

• (a) a copy of the valid consents (State Pollution NOC) (CTE and CTO);
• (b) a copy of the valid Hazardous Waste Authorisation (Hazardous Waste NOC);
• (c) a copy of a valid registration certificate with the District Industries Centre (DIC); and
• (d) a photocopy of the proof of installed capacity granted by either DIC/SPCB.

(2) The Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it must guarantee that the battery recyclers have technical capabilities, appropriate facilities and device to recycle used batteries & dispose of hazardous waste produced;

(3) The Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it must decide on the application for registration within ninety days of receiving the complete application;

(4) The registration granted under this rule must be effective for two years from the day of issue or from the day of renewal unless cancelled or suspended before;

(5) An application for the registration renewal must be made in Form VI at least six months before its expiry. The Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it must renew the registration of the lead acid battery recyclers issued in sub-rule (4) of this BWM rules after evaluating each case on merit;

(6) The Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it can, after providing a reasonable opportunity to the applicant of being heard, deny to grant registration;

(7) The Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it can suspend or cancel a registration granted under these rules if, in his/her opinion, the registered battery recycler has failed to adhere to any of the norms of registration, or with any guidelines of the Act or rules made thereunder after offering him a chance to explain and after recording the reasons therefore;

(8) It must be the responsibility of the State Boards to analyse the compliance of conditions prescribed while as per the registration; and

(9) An appeal must lie against any order of cancellation or suspension, or refusal of registration passed by The Joint Secretary, MoEF&CC or any designated officer by the Ministry or a designated agency by it. The written appeal must be attached with a copy of the order appealed against. It must be submitted within one month of the passing of the order.

The Battery Waste Management Rules, 2022

BWM Rules, 2022 apply to

• (i) entities engaged in processing and waste battery recycling ;
• (ii) all types of batteries regardless of shape, chemistry, volume, weight, material composition and use.

• (i) devices associated with the protection of essential security interests such as arms, ammunitions, war material and those intended particularly for military purposes;
• (ii) devices designed to be sent into space.

Responsibilities of a lithium-ion battery recycler

(1) All lithium-ion battery recyclers must register with the SPCB via the online portal. The registration certificate is issued in Form 2(B).

(2) The recycler stands liable to –

(i) apply in Form 2(A) to the SPCB for grant of one-time registration. The applicant must furnish the following details -

• 1. Name of the recycler
• 2. Registered address and website address
• 3. Phone No.(landline and mobile)
• 4. Email ID
• 5. Authorised person(s) Name
• 6. Authorised person(s) Email ID
• 7. Authorised Person Mobile No.
• 8. GST No.
• 9. Consent Validity (CTE and CTO) (State Pollution NOC)
• 10. Validity of Authorisation under rule 6 of the HWM Rules, 2016 (Hazardous Waste Pollution NOC)
• 11. Validity of certification of registration with DIC
• 12. Capacity of recycling unit(s) in (MTA)

(ii) guarantee that it performs any activity as per the guidelines stated by the CPCB;

(iii) guarantee that hazardous waste produced from any activity of the entity is managed as per the norms under HWM Rules, 2016;

(iv) guarantee that other wastes produced during recycling and handling activities be managed according to the extant regulations like Plastic Waste Management (PWM) Rules, 2016, Solid Waste Management (SWM) Rules, 2016, and E-waste (Management) (EWM) Rules, 2016;

(v) guarantee that battery recycling processes and facilities comply with the standards or guidelines prescribed by CPCB;

(vi) guarantee that the waste battery is removed from the collected appliance if the battery is incorporated into a device.

(3) Battery recyclers must submit the quarterly returns in Form 4 related to the information on the quantity of waste battery collected or received from various producers or entities, recycled quantities, compliance of material-wise recovery percentage according to the recovery targets covered in sub-rule 4 of rule 10, the quantity of hazardous and/or other waste such as solid or plastic waste produced after recycling and of such quantity according to the extant rules and the quarterly return must be filed by the end of the month succeeding the end of the quarter. The recycler must furnish the following information -

• Name of authorised person (s)
• GST Number
• Registration No. with SPCB
• Capacity of recycling unit(s) in (MTA)
• Details of Waste Battery collected from different entities, including producer(s)
• Details of Waste Battery recycled
• Details of waste generated and disposed of during recycling or refurbishing operations
• EPR certificate details

(4) The total quantity of waste batteries processed by an entity engaged in recycling lithium-ion waste batteries every quarter is made available on the portal created by CPCB and on the entities' websites.

Provision of certificate for waste battery

(1) Entities engaged in recycling waste lithium-ion batteries registered under these rules must provide a certificate for waste battery processing.

(2) In no case the amount of waste battery recycled by the entity must be more than the installed capacity of the entity. These certificates are for waste battery category-wise and must include the entity's Goods and Services Tax (GST) info.

(3) The certificate for waste battery given by registered entities must be issued for the type and quantity of battery recycled and can be transacted to meet EPR obligations. CPCB must provide for the issuance of such certificates on the online portal.

(4) Recovery of minimum percentage target is the percentage of the total weight of all recovered materials out of the dry weight of the battery, and recyclers must be mandated for minimum recovery of battery materials as mentioned in the Table below.

(5) EPR certificates are generated by CPCB via the centralised online portal depending on the recycled quantities and assigned to recyclers. The recyclers may sell the assigned EPR certificates to the producer in exchange for a waste battery.

(6) EPR certificates for battery recyclers must be granted based on the weight of the battery processed, percentage fulfilment of material recovery targets for a particular year and geographical source of battery imported or domestic.

(7) The following formula must be used to estimate the EPR certificates for recyclers: Extended Producer Responsibility certificates (kg) = (Actual recovery of Battery materials in percentage/Recovery target for the specified year of the Battery type in percentage) x quantity of Battery processed (kg) x (1-A).

Note: A=0 for waste batteries produced domestically

A=0.2 for waste battery sourced through imports allowed under HWM Rules, 2016.

(8) Surplus EPR certificates in a category can only be used for off-setting, carry forward and sale for the same battery category.

(i) A surplus EPR certificate under recycling can be used for lithium-ion battery recycling. A surplus under refurbishing cannot be used for recycling.

(9) All such transactions must be recorded and submitted by the battery recyclers on the online portal when filing quarterly returns.

(10) EPR certificates produced by the applicant intended to establish a battery recycling business must be valid for seven years to fulfil the producer's obligations.

Actions on violations and imposition of Environmental Compensation (EC)

The committee for Implementation made by the CPCB under rule 15 must prepare and recommend guidelines for imposition and collection of EC from producers and entities engaged in waste battery recycling in case of non-fulfilment of obligations under BWM rules.

(i) Respective SPCB must levy EC on entities engaged in lithium-ion battery recycling and entities engaged in segregation, collection and treatment operating in their jurisdiction concerning non-fulfilment of their responsibilities and obligations mandated in these rules. If the SPCB does not take action in two months, the CPCB must instruct the SPCB.

Targets for EPR

(i) The EPR target must include the collection targets mentioned in the tables below and the 100% recycling target of the EPR collection target of the specific year.

Frequently Asked Questions