EPR under Battery Waste Management Rules, 2022

Mandating the minimum percentage of recovery of materials from waste batteries under the rules will bring new technologies and investment in recycling and refurbishment industry and create new business opportunities. Prescribing the use of certain amount of recycled materials in making of new batteries will reduce the dependency on new raw materials and save natural resources. Online registration & reporting, auditing, and committee for monitoring the implementation of rules and to take measures required for removal of difficulties are salient features of rules for ensuring effective implementation and compliance. Ministry of Environment, Forest and Climate Change, Government of India published the Battery Waste Management Rules, 2022 on 24th August, 2022 to ensure environmentally sound management of waste batteries. Under this said rules, EPR mandates that all waste batteries to be collected and sent for recycling/refurbishment, and its prohibits disposal in landfills and incineration. To meet the EPR obligations, producers may engage themselves or authorise any other entity for collection, recycling or refurbishment of wastebatteries. These new rules will replace Batteries (Management and Handling) Rules, 2001.The rules cover all types of batteries, viz. Electric Vehicle batteries, portable batteries, automotive batteries and industrial batteries. The rules function based on the concept of Extended Producer Responsibility (EPR) where the producers (including importers) of batteries are responsible for collection and recycling/refurbishment of waste batteries and use of recovered materials from wastes into new batteries.

The rules will enable setting up a mechanism and centralized online portal for exchange of EPR certificates between producers and recyclers/refurbishers to fulfil the obligations of producers. The rules promote setting up of new industries and entrepreneurship in collection and recycling/refurbishment of waste batteries. Mandating the minimum percentage of recovery of materials from waste batteries under the rules will bring new technologies and investment in recycling and refurbishment industry and create new business opportunities. Prescribing the use of certain amount of recycled materials in making of new batteries will reduce the dependency on new raw materials and save natural resources. Online registration & reporting, auditing, and committee for monitoring the implementation of rules and to take measures required for removal of difficulties are salient features of rules for ensuring effective implementation and compliance.

On the principle of Polluter Pays Principle, environmental compensation will be imposed for non-fulfilment of Extended Producer Responsibility targets, responsibilities and obligations set out in the rules. The funds collected under environmental compensation shall be utilised in collection and refurbishing or recycling of uncollected and non-recycled waste batteries.

John Three Sixteen & Compliance has extensive experience and know-how across the entire battery waste transformation journey. Our ability to predict outcomes with confidence empowers battery producing businesses and compliance executives to rapidly evaluate opportunities and drive the right changes across the enterprises. This leads to 360° value, benefitting businesses, clients, stakeholders, communities, and the environment.

Battery-waste
(FAQs)

What is a Battery?

‘Battery’ means new or refurbished cell and/or Battery and/or their component, including accumulator, which is any source of electrical energy generated by direct conversion of chemical energy and includes disposable primary and/or secondary battery.

What does ‘Waste Battery’ include?

Waste Battery includes:

(i) Used and/or End of Life Battery and/or its components or spares or parts or consumables which may or may not be hazardous in nature;

(ii) Pre-consumer Off-Spec Battery and its components or spares or parts or consumables;

(iii) Battery whose date for appropriate use has expired;

(iv) Battery which has been discarded by the user.

What is the meaning of EPR?

EPR stands for ‘Extended Producer Responsibility’ which means responsibility of any

Producer of Battery for Environmentally sound management of Waste Battery.

What are EPR target for Producers/Manufacturers?

EPR targets the quantity of batteries placed in the market by the Producer/Manufacturers. Details are given in Schedule II of the Battery Waste Management Rules, 2022.

Does manufacturers of Battery needs to obtain registration from CPCB?

As per Rule 4 (4), The person or an entity involved in the manufacturing of Battery shall have to register through the online centralised portal as Producer in Form 1(A). The certificate of registration shall be issued in Form 1(B).

Who all comes under the definition of ‘Producer’?

‘Producer’ means an entity who engages in:

(i) manufacture and sale of Batteries including refurbished Batteries, including in equipment,

under its own brand; or

(ii) sale of Batteries including refurbished Batteries, including in equipment, under its own

brand produced by other manufacturers or suppliers;

(iii) import of Battery as well as equipment containing Battery.

Does importer of battery needs to obtain registration from CPCB?

As per rule 3(1) (u), Importer of Battery as well as equipment containing Battery will be called Producer’ The Importer has to obtain registration from CPCB to carry out import activities related to battery.

Which entities shall register on the online portal developed by CPCB?

The following entities shall register on the online portal developed by CPCB:

(i) Producer (Importers comes under the definition of Producer as per Rules)

(ii) Manufacturers of Battery

(iii) Recyclers and Refurbishers

What are the documents required for KYC for registration of Producers/Manufactures?

PDF copy of Company’s PAN, CIN & GST of the Producer/Manufacturers.

Is the registration provided by CPCB to the importers of lead acid batteries under Batteries (Management and Handling) Rules, 2001 still valid?

No, importers have to obtain fresh registration from CPCB to carry out any import activities related to battery as well as equipment containing battery.

Which type of batteries are covered under The Battery Waste Management Rules, 2022?

All types of batteries regardless of chemistry, shape, volume, weight, material composition and use.

In case of Proprietorship/Partnership, under company details, what should be provided in PAN?

PAN of the authorized person is to be provided.

Do the exporters of battery needs to register with CPCB and have any EPR obligations?

If the company/brand is not placing the Battery in the Indian market, it will not have EPR obligations, and use.

When will the Importer be liable for EPR obligations?

Importers shall have EPR Obligations under the following conditions:

a. Importers who sale the imported battery in the market under their own brand name.

b. Importers supplying the imported battery to other manufacturers/dealers and the manufacturers/dealers is selling those batteries in the market under the brand name provided by the importer.

c. Importers supplying the imported battery directly to bulk consumers.

d. Importers selling the imported battery in the market under the name of the brand imported.

When will the Importer NOT liable for EPR obligations?

Importers supplying the imported battery to other manufactures/dealers and the manufacturers/dealers is selling those batteries in the market under their own brand name.

Do the Dealers of Battery have to register with CPCB/SPCB?

a. If the dealer purchases the battery from a manufacturer or a producer and sales the battery under its own brand name, in this case, the dealer will be called a Producer and will have to register with CPCB. The Dealer will also have EPR obligations as per rules.

b. If the dealer purchases or supplies the battery from manufacturer/s or a producer and sale them under the brand name provided by the manufacturer or producer, then the Dealer is not required to obtain CPCB or SPCB.”

We at XYZ industry/brand/company are engaged in manufacturer of Battery and supply of battery to different manufacturers in India. We do not supply any battery to direct consumer or through dealer. Do we need to obtain registration from CPCB?

As per rules 4(4), Manufacturer of the battery has to register as producer by CPCB.

Do manufacturers of products using battery as a component (e.g. manufacturers of UPS, inverters, medical equipment, emergency lights, Instruments, Signage, Printers, etc.) fall under definition of Producer under Para 3 (u) (i) & (ii) page 29 of the BWM Rules, 2022?

If a company/manufacturer is using a battery as a component in equipment’s, then the manufacture will have EPR obligation and have to register as producer if it is making batteries under its own brand name.

Where can I find the EPR Registration Certificate?

There is no separate registration certificate for EPR. Registration is only granted under Form 1(B) of the Rules.

As per the new Batteries Waste Management Rules 2022, whether battery user or consumer is required to submit annual or half yearly return?

Consumers/users of battery are not required to submit annual or half yearly returns. However, if any brand/company/industry/User is involved in import of any battery for in-house use, then it is mandatory to obtain registration from CPCB and they will be liable for EPR obligations. In this case, they will have to submit annual returns by 30th June.”

 

Do the manufacturers of batteries have any EPR obligations?

I. Manufactures shall have EPR Obligations under the following conditions:

a. Manufactures who sale the battery in the market under their own brand name.

b. Manufactures supplying batteries to other manufacturers/dealers and the other manufacturers/dealers are selling those batteries in the market under the brand name provided by the Original manufacturers.

c. Manufacturers supplying batteries directly to bulk consumers.

II. Manufacturers shall have no EPR Obligations under the following conditions:

a. Manufacturers supplying batteries to other manufacturers/dealers and the manufacturers/dealers are selling those batteries in the market under their own brand name.

We at XYZ company are involved in Refurbishment of battery and after refurbishing the battery we are selling the battery under our own brand name. Will we have EPR obligations?

If a company, be it a refurbishment unit is involved in selling of battery under its own brand name, then as per rules they will be called ‘Producer’. They will have to register with CPCB and will have EPR obligations.”

In form 1 (A), under type(s) of Battery placed in the market with brand name(s), what brand name(s) to be written in case of imported Battery?

Importer shall mention their own brand name(s) and not the brand name(s) of the battery imported