Battery Waste Management Rules, 2022.

-Kshama Kamath*

The 2022 rules were brought up by “Ministry of Environment, Forest and Climate Change” on Aug 22,2022 to ensure environmentally sound management of waste battery. These rules will replace the Batteries (Management and handling) Rules 2001.

The rules cover all types of batteries that is Electric vehicle batteries, Portable batteries, Automotive batteries, and industrial batteries. The new rules prescribe the collection and recycling targets for the producer of batteries who have been made responsible for the collection, recycling and refurbishment of battery waste and the use of recovered materials from the waste into new batteries.

These rules allow for the creation of separate entities that can manage the collection, recycling or refurbishing under the extended producer responsibility principle [EPR].

Changes brought by these rules.

The 2022 rules have defined many new terms like automotive battery, battery pack, end of life battery, used battery, waste battery etc. The rules have defined producer of battery. As those that includes entities involved in manufacturing, selling or importing new or refurbished batteries under their own brand name or procuring and then selling them under their name.

The centralized online portal will also be developed in due course of time. Registration and filing of returns by producers of batteries as well as recyclers and refurbishers of waste batteries will be done through this portal. The exchange of EPR certificates between the producers, recycler and refurbisher will be also made possible through this portal. Beside such changes the functions and responsibility of stakeholders in the battery waste management have also been added.

Responsibility of producer: In brief the responsibility of producers are the following:

• The obligation under Extended Producers Responsibility (EPR).
• Adhering to collection or recycling or refurbishing targets.
• Register under form 1A through the centralized online portal. The certificate is issued in form 1B.
• Renewal under 1A before 60 days of its expiration.
• Amendment, if any, should be communicated to the Central Pollution Board.
• EPR plan for 2022-23 should be submitted within 3 months of these rules in form 1C.
• EPR plan should be submitted every year.
• File annual return in form 3.
• Producer shall bring to the notice of CPCB or SPCB of violations of these rules by any entity involved in handling and management of waste battery.

Responsibility of recycler and refurbisher

• Acquire one time registration from the State Pollution Control Board under form 2A through the online portal. The certificate of registration shall be issued in form 2B.
• Recyclers shall furnish the quarterly return in form 4 regarding the information on quantity of waste battery collected/ received.
• The total quantity of waste battery processed by entity involved in recycling of waste battery on quarterly basis will be made available on the portal and on the websites of the entities.

Responsibility of CPCB

• Define the fee for the handling of applications for registrations.
• Registration of producer through online portal in form 1B. This will be valid for a period of 5 yr. (The registration shall be done within 2 weeks from the submission of a completed application.)
• CPCB can suspend and cancel the registration.
• Appeal made against the orders of CPCB regarding suspension or cancellation of registration shall lies with the Ministry of Environment, Forest and Climate Change and will be disposed off within 45 days after the submission of appeal.
• CPCB shall dispose off an appeal made by recycler or refurbisher against the order of SPCB regarding suspension and or cancellation of registration of recyclers or refurbisher within 30 days of receipt of appeal.
• CPCB shall develop mechanism for exchange of EPR certificates on the online portal.
• CPCB shall publish the list of producers who have failed to meet EPR targets and obligations on an annual basis.
• CPCB shall issue guidelines about technologies and standards about refurbishment and recycling of waste battery.

Responsibility of SPCB

• SPCB shall register entity involved in refurbishing and recycling through online portal in form 2B.
• Provision for registration shall be made on EPR portal.
• In case the information provided by the entity is found to be false, the SPCB shall suspend or cancel the registration upto a period of 5 years.
• SPCB shall bring out a list of entities who do not fulfill their respective EPR obligations on annual basis and publish the same.
• SPCB to submit annual report to CPCB by 30^th June every year regarding effective implementation of these rules.

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* M.Com, Intern at CEERA, NLSIU.

** Featured image sourced from: https://www.forbes.com/sites/forbes-personal-shopper/2021/02/16/best-aa-batteries/?sh=378465537f3b