The EPR authorization for E-waste management makes sure that e-waste is managed in a safe manner and is complied with laws and regulations mentioned in the rules. EPR Authorisation is a concept used in the management of waste, including electronic waste (e-waste). E-waste management authorization is mainly an approval granted by a regulatory authority to individuals or to organisations that get involved in collecting, transporting, recycling, or disposing of electronic waste. The main aim is to encourage manufacturers to design products with recycling and proper disposal, reduce waste generation, and ensure the safe disposal of hazardous materials. E-waste management authorization helps in activities related to e-waste and for protection of the environment and public health.
Who can apply for an EPR License?
The manufacturer, producer, refurbisher, dismantler and recycler involved in the business of manufacture, sale, purchase, transfer, refurbishing, recycling, dismantling, and processing of e-waste or electrical and electronic equipment, with including their components, consumables, parts and spares that makes the product operational can apply for the EPR License. The entities must register on the portal in any of the following category, such are mentioned as below:
(a) Manufacturer: The manufacturer is the person or an entity or a company as mentioned in the Companies Act, 2013 or a factory as mentioned in the Factories Act, 1948 or Small and Medium Enterprises as mentioned in the Micro, Small and Medium Enterprises Development Act, 2006, that has facilities for manufacture of an electrical and electronic equipment as specified in Schedule-I of the E-Waste Management Rules 2016;
(b) Producer: The producer is any person or entity who, manufactures or offers to sell electrical and electronic equipment and their components or parts under its own brand; or whether imported, assembled electrical and electronic equipment and the components or consumables or produced by other manufacturers and suppliers; or also who imports any used electronic equipment; irrespective of selling technique used such as dealer, retailer, e-retailer, etc falls under this category;
(c) Refurbisher: The refurbisher is any person or entity repairing or assembling used electrical and electronic equipment as listed in Schedule-I of the E-Waste Management Rules 2016 for extending its working life over its originally intended life and for same use as originally intended, and selling the same in the market.
(d) Recycler: The recycler is any person or entity who is engaged in recycling and reprocessing of any waste electrical and electronic equipment or its assemblies or components or parts for recovery of precious, semi-precious metals that includes rare earth elements and other recoverable materials to strengthened the secondary sourced materials and having facilities as in the guidelines of the Central Pollution Control Board made in this regard;
Who is exempted from EPR Authorisation?
Following shall not apply for EPR Authorisation
- Waste batteries as under Battery Waste Management Rules, 2022;
- Packaging plastics as under Plastic Waste Management Rules, 2016;
- Micro enterprise as mentioned in Micro, Small and Medium Enterprises Development Act, 2006
- Radio-active wastes as under the provisions of the Atomic Energy Act, 1962
Benefits of EPR authorization in E-waste
- Proper E-Waste Handling: EPR programs ensure that e-waste is collected, transported, and processed in an environmentally responsible manner.
- Resource Conservation: EPR encourages recycling and recovery of valuable materials from e-waste.
- Hazardous Materials Management: EPR programs help in the safe disposal of hazardous materials found in electronic products, such as lead, mercury, and cadmium.
Documents required to have EPR Authorization
The following are the documents required for the EPR Authorization:
- EPR Authorization Application Form: This is the primary document used to apply for EPR authorization. It includes organisation legal structure, contact details, and an overview of its e-waste management plan.
- Business Registration and Licence: Proof of the company's legal existence and business registration, which may include a copy of the business licence or registration certificate.
- EPR Plan: A detailed EPR plan outlining how the organisation intends to manage e-waste responsibly. This should include information on collection systems, recycling facilities, transportation, and disposal methods.
- Waste Management Infrastructure Details: Documents describing the infrastructure and facilities used for collecting, storing, transporting, and recycling e-waste. This may include site plans, facility descriptions, and equipment specifications.
- Collection and Recycling Agreements: Copies of agreements with collection centres, recycling facilities, and transportation partners, demonstrating that the organisation has established the necessary partnerships for e-waste management.
- Environmental Impact Assessment (EIA): An EIA report may be required to assess potential environmental impacts of the organisation's e-waste management activities.
- E-waste Tracking and Reporting System: Information on the system used to track and report the collection, recycling, and disposal of e-waste. This may include software, databases, or reporting templates.
- Annual Reporting: Guidelines for submitting annual reports on e-waste management activities. These reports typically include data on the quantity and types of e-waste collected, recycled, and disposed of.
Procedure to get EPR Authorization for E-waste
The following is the procedure for Seeking and Grant of (Extended Producer Responsibility) EPR Authorisation is mentioned below:
Step 1-
Every producer of electrical and electronic equipment has to make an application for EPR Authorisation within a period of 90 days in Form-1 to the Central Pollution Control Board.
Step 2-
On receipt of a complete application in all respects, the Central Pollution Control Board will then carry out evaluation regarding the EPR Plan and then after being satisfied that the producer has detailed out an effective system to manage EPR i.e. Extended Producer Responsibility, shall grant EPR Authorisation, in Form 1(aa)within a period of 120 days. The EPR Authorisation will be valid for a period of 5 years;
Step 3-
This EPR authorisation must include the targeted quantity of e-waste material, product code wise, to be collected during that year. The actual target for collection of e-waste for dismantling or recycling will be fixed on the basis of quantity of electrical and electronic equipment, product code wise, placed in the market in the previous years and then after taking into consideration the average life of the equipment.
Step 4-
The estimated quantity of e-waste generated during the current year will be indicated by the producer with the quantity expected to be collected and the collection scheme proposed to implement by producer will be indicated in the EPR plan. The Central Pollution Control Board has to fix the targets as per the Schedule III of E-waste Management Rules.
Step 5-
The Central Pollution Control Board, after giving reasonable opportunity of being heard to an applicant will then only refuse or grant EPR Authorisation.
Step 6-
In the event of refusal of EPR Authorisation by the Central Pollution Control Board, the producer will forfeit his right to put any Electrical and Electronic Equipment in the market till such time the EPR Authorisation is granted.
Step 7-
The Central Pollution Control Board after grant of EPR Authorisation must forward the Extended Producer Responsibility Plan to respective State Pollution Control Board for monitoring.
Compliances for EPR Authorisation
These important compliances must be followed by the organisation who have EPR Authorisation:
- The State Pollution Control Board has to monitor the compliance of EPR Authorisation, take cognizance of any noncompliance and inform Central Pollution Control Board for taking action, as it thinks fit.
- The Central Pollution Control Board will conduct a random check and if in its opinion, the holders of the EPR Authorisation have failed to comply with any of the conditions of the EPR authorisation. Only after giving a reasonable opportunity of being heard and further recording reasons thereof in writing cancel or suspend the EPR Authorisation issued and inform the State Pollution Control Board within 10 days of cancellation.
- The Central Pollution Control Board must maintain an online register of EPR Authorisation granted with conditions imposed under the rules for environmentally sound management of e-waste, and which must be accessible to any citizen of the country.
- The producer authorised under the provision of this rule must maintain records in prescribed Form-2 and must file annual returns of its activities of previous year in Form-3 to the Central Pollution Control Board on or before 30th of June of every year;
Renewal of EPR Authorization for E-waste
The Central Pollution Control Board may then renew the EPR authorisation for a period of 5 years after receipt of compliance report from the State Pollution Control Board. An application for the renewal of EPR Authorisation has to be made in Form-1 before 120 days of its expiry to Central Pollution Control Board. The compliance report has to be submitted to Central Pollution Control Board within 60 days from the date of the receipt of the application.
Power to suspend or cancel an EPR Authorisation
The State Pollution Control Board or Central Pollution Control Board may, if in its opinion, the holder of Manufacturer or Dismantler or Recycler or Refurbisher, the holders of the EPR Authorisation has failed to comply with the conditions of the EPR authorisation or with any provisions of Act can cancel the authroisation.
However, after giving a reasonable opportunity of being heard the authority can cancel or suspend the authorisation issued under these rules only after recording reasons in writing. It can be suspended or cancelled for such a period as it considers necessary in the public interest and it is required to inform the Central Pollution Control Board within 10 days of cancellation.
What are the responsibilities in relation to E-waste?
There are different types of responsibilities of each category which are specified as under:
Responsibilities of the Manufacturer
- Collect e-waste generated during manufacture of electrical and electronic equipment and then channelise it for recycling or disposal
- Apply for an authorisation in Form 1 (a) with sub-rule (2) of rule 13 from the concerned State Pollution Control Board, which shall grant the EPR authorisation as per Form 1 (bb);
- Ensuring that no damage of any kind is caused to environment during storage and transportation of the e-waste;
- Maintain records of e-waste generated, handled and disposed in prescribed Form-2 and make the records available for scrutiny by the State Pollution Control Board;
- File annual returns in prescribed Form-3, to the concerned State Pollution Control Board on or before the 30 of June of the financial year to which that return relates.
Responsibilities of the Producer
The producer of electrical and electronic equipment must be responsible for -
- Collection and channelisation of any e-waste generated from the 'end-of-life' of their products or with same electrical and electronic equipment code and any kind of historical waste available as per Schedule I, in line with the targets mentioned in Schedule III for EPR Authorisation;
- The mechanism used for channelisation of the e-waste from 'end-of-life' products including from their service centres to authorised dismantler or recycler must be as per the EPR Authorisation. In cases of fluorescent and other mercury containing lamps, where recyclers are not available, channelisation may be from collection centre to Treatment, Storage and Disposal Facility;
- For disposal in the Treatment, Storage and Disposal Facility, a pre-treatment is necessary to immobilise a mercury and reduce a volume of waste to be disposed off;
- EPR Authorisation requires comprise of general scheme for collection of waste Electrical and Electronic Equipment placed on the market earlier, such as through dealer, collection centres, Producer Responsibility Organisation, or by the buy-back arrangement, exchange scheme, Deposit Refund System, etc. whether directly or through any authorised agency and channelising the items so collected to authorised recyclers
- The producer must opt to implement EPR individually or collectively. In individual producer responsibility, producer may set up his own collection centre or implement take back system or both to meet the EPR i.e. Extended Producer Responsibility. In the collective system, producers may tie up as a member with a Producer Responsibility Organisation, with e-waste exchange, or both. It shall be mandatory upon on the individual producer in every case to seek EPR Authorisation from Central Pollution Control Board as per the Form-1 and the procedure laid down in sub-rule (1) of rule 13;
- To provide information on the implementation of Deposit Refund Scheme to ensure collection of end-of-life products and their channelisation to authorised dismantlers or recyclers, if such scheme is included in the Extended Producer Responsibility Plan.
- The import of electrical and electronic equipment has to be allowed only to producers having EPR authorisation;
- To maintain records in prescribed Form-2 of the e-waste handled and make records available for scrutiny by the Central Pollution Control Board or the State Pollution Control Board.
- To file annual returns in prescribed Form-3, to the Central Pollution Control Board on or before the 30th of June following the financial year to which the return relates. In case of a Producer with multiple offices in a State, then one annual return combining information from all the offices has to be filed.
- The Producer must apply to the Central Pollution Control Board for authorisation in Form 1, which must grant the EPR Authorisation in Form 1(aa).
- Operation without EPR Authorisation by any producer, as defined, must be considered as causing damage to the environment.
Responsibilities of collection centres
- Collect e-waste on behalf of producer, dismantler, recycler, or refurbisher, including those arising from the orphaned products. Provided the collection centres established by the producer can also collect e-waste on behalf of the dismantler, refurbisher and recycler.
- Ensure that facilities are as per the standards or guidelines issued by Central Pollution Control Board from time to time.
- Ensure that e-waste collected is stored in a secured manner till it is sent to authorised dismantler or recycler.
- Ensure that no damage is caused to the environment during storage and transportation of the e-waste.
- Maintain all records in prescribed Form-2 of the e-waste handled as per the guidelines of Central Pollution Control Board and make such records available for scrutiny by the Central Pollution Control Board or the State Pollution Control Board.
Responsibilities of Dealers
- In the case the dealer has been given a responsibility of collection on behalf of the producer, the dealer must collect the e-waste by providing a consumer a box, bin or a demarcated area to deposit e-waste, or by take back system and send the e-waste so collected to the collection centre or to dismantler or to recycler as mentioned by producer;
- The dealer or retailer or e-retailer has to refund the amount as per Deposit Refund Scheme of producer to depositor of e-waste;
- Every dealer has to ensure that e-waste generated is safely transported to the authorised dismantlers or recyclers;
- Ensure that no damage of any kind is caused to the environment during storage and transportation of the e-waste.
Responsibilities of the Refurbisher
- Collect e-waste generated during procedures of refurbishing and channelise the waste to dismantler or recycler through the collection centre;
- Make an application in prescribed Form 1(a) as per the procedure laid down in sub-rule (4) of rule 13 to the State Pollution Control Board for grant of one time authorisation;
- The State Pollution Control Board must authorise the Refurbisher on one time basis as per Form 1 (bb) and authorisation would be deemed as considered if not objected to within a time period of 30 days;
- The authorised Refurbisher must be required to submit details of e-waste generated to the State Pollution Control Board on yearly basis;
- Ensure no damage of any kind is caused to environment during storage and transportation of the e-waste;
- Ensure that the refurbishing process must not have any adverse effect on the health and environment;
- Ensure that the e-waste generated is safely transported to authorised collection centres or dismantlers or recyclers;
- File annual returns in prescribed Form-3 to the State Pollution Control Board, on or before the 30th of June following the financial year to that return relates;
- Maintain records of the e-waste handled in prescribed Form-2 and such records have to be available for scrutiny by the appropriate authority.
Responsibilities of consumer or bulk consumer
- Consumers or bulk consumers of the electrical and electronic equipment as listed in Schedule I, have to ensure that e-waste generated by them is channelised through collection centre or dealer of producer or the dismantler or the recycler i.e. through the designated take back service provider of producer to authorised dismantler or recycler;
- Bulk consumers of the electrical and electronic equipment listed in Schedule I, has to maintain records of e-waste generated by them in prescribed Form-2 and make such records available for scrutiny by the State Pollution Control Board;
- Consumers of the electrical and electronic equipment listed in Schedule I, must ensure such end-of-life electrical and electronic equipment are not admixed with the e-waste containing radioactive material as given under the regulations of the Atomic Energy Act, 1962;
- Bulk consumers of the electrical and electronic equipment listed in Schedule I must file annual returns in prescribed Form-3, to the State Pollution Control Board on or before the 30th of June following the financial year to which the return relates.
- In case of consumer with multiple offices in the State, one annual return combining information from all offices has to be filed to the State Pollution Control Board on or before the 30th of June following the financial year to that return relates
Responsibilities of the dismantler
- Ensure the facility and dismantling processes are in as per the standards prescribed by Central Pollution Control Board from time to time;
- Obtain authorisation from the State Pollution Control Board in accordance with the process under sub-rule (3) of rule 13;
- Ensure no damage is caused to environment during storage and transportation of e-waste;
- Ensure the dismantling processes must not have any adverse effect on the health and environment;
- Ensure dismantled e-waste are segregated and sent to the recycling facilities for recovery of materials;
- Ensure non-recyclable or non-recoverable components are sent to authorised treatment storage and to disposal facilities;
- Maintain record of the e-waste collected, dismantled and sent to recycler in prescribed Form-2 and make such record available for scrutiny by Central Pollution Control Board or the State Pollution Control Board;
- File a return in prescribed Form-3, to the State Pollution Control Board as the case may be, on or before 30th of June following the financial year to that return relates;
- Not to process any type of e-waste for recovery or refining of materials, unless it is authorised with State Pollution Control Board as recycler for refining and recovery of same materials;
- Operation without Authorisation by any dismantler, as mentioned in rule, must be considered as causing damage to the environment.
Responsibilities of the recycler
- It must ensure that the facility and recycling processes are as per the standards or guidelines as mentioned by Central Pollution Control Board from time to time;
- To obtain authorisation from State Pollution Control Board in accordance with the process under the sub-rule (3) of rule 13;
- To ensure no damage of any kind is caused to environment during storage and transportation of the e-waste;
- To ensure the recycling processes must not have any adverse effect on the health and environment;
- To make available all the records to Central Pollution Control Board or the State Pollution Control Board for inspection;
- To ensure that fractions or material not recycled in its facility is sent to the authorised recyclers;
- To ensure the residue generated during recycling process is disposed of in authorised treatment storage disposal facility;
- To maintain record of e-waste collected, dismantled, recycled and sent to authorised recycler in prescribed Form-2 and make such record available for the scrutiny by Central Pollution Control Board or the State Pollution Control Board;
- To file annual returns in prescribed Form-3, to the concerned State Pollution Control Board, on or before 30th of June following the financial year to that return relates;
- It may accept waste electrical and electronic equipment or components that are not listed in Schedule I for recycling provided they must not contain any radioactive material and same shall be indicated while taking the authorisation from concerned State Pollution Control Board;
- The operation without Authorisation by any recycler, as per rule, must be considered as causing damage to the environment.
How StartupFino Helps in Getting an EPR License?
Startupfino helps organisations obtain EPR (Extended Producer Responsibility) authorization for e-waste management. We can assist in the process of obtaining EPR authorization by:
- Understanding Regulatory Requirements: We at Startupfino are well-versed in the specific regulatory requirements for EPR authorization in a given state jurisdiction.
- EPR Plan Development: We assist in a comprehensive EPR plan that outlines how the organisation will manage e-waste. This includes designing collection systems, establishing recycling processes, and ensuring compliance with relevant environmental standards.
- Documentation Preparation: We help compile and prepare the documentation required for the EPR authorization application. This includes filling out application forms, gathering supporting documents, and ensuring that all paperwork is complete and accurate.
· Legal and Regulatory Compliance: We also help organisations navigate the legal and regulatory landscape by ensuring that they meet all the requirements, permits, and certifications necessary for EPR authorization.
