EPR Compliance for Battery Waste Management

Introduction of EPR Compliance for Battery Waste 

India’s Ministry of Environment, Forests, and Climate Change (MOEFCC) has released the “Battery Waste Management Rule 2022,” which aims to ensure the secure handling and sustainable processing of waste batteries. The regulations mandate a minimum percentage for material recovery from spent batteries and require the use of recycled materials in the production of new batteries. Extended Producer Responsibility (EPR) requires battery manufacturers to take accountability for their products until the environmentally safe disposal of waste batteries. These new regulations are expected to promote responsible and sustainable waste management practices in India while ensuring the environment’s safety and public health.

The Battery Waste Management Rule 2022 includes Extended Producer Responsibility (EPR)    

compliance for different types of batteries such as

• portable, 
• Automotive,
• industrial, and 
• electric vehicle batteries.

Stakeholders involved in refurbishing and recycling waste batteries must be registered under the rules and provide a certificate to demonstrate proper processing.

The Central Pollution Control Board regulates the issuance of certificates, and stakeholders must provide detailed documentation on the types and quantities of batteries that have undergone refurbishment and recycling. Battery materials such as lead, nickel, lithium, cobalt, mercury, cadmium, plastics, rubber, and glass are recycled.

Responsibility of stakeholders for EPR compliance of battery waste 

A diverse group of stakeholders collaborate in EPR compliance to ensure effective waste management. Each stakeholder has unique tasks and responsibilities, contributing to the goal. This collective effort enhances the implementation of EPR frameworks and promotes overall waste management efficacy.

Responsibility  of producer 

Producer means a stakeholder involved in 

• Manufacture and sale of batteries including refurbished batteries and equipment, under its brand

• Sale of batteries including refurbished batteries and equipment, under its brand produced by other manufacturers or suppliers

• Import of battery as well as equipment containing battery 

To comply with Extended Producer Responsibility (EPR) regulations, producers must submit an annual report regarding the waste batteries they collected and recycled or refurbished. This report must be filed to the Central Pollution Control Board and concerned State Pollution Control Boards by June 30th of the next financial year. Producers can meet their EPR obligation through an extended producer responsibility certificate or by collecting waste batteries.

Overall, EPR compliance for battery waste management is essential to promote responsible and sustainable practices in India. Battery manufacturers play a crucial role in achieving this goal. Epr target for the producer shall be specific to the kind of battery 

• Lead acid 
• Li -ion 
• Nickel-cadmium
• Zinc based battery 

Within each type of battery portable, automotive, industrial, and electric vehicle battery  

Responsibility  of refurbisher 

All refurbishers must register with the State Pollution Control Board on the centralized portal. The Certificate of Registration shall be issued via the portal in Form 2(B). Refurbishers shall file  Quarterly Return in Form 4, detailing information on the 

• quantity of used batteries collected or received from various producers or stakeholders, refurbished quantities,
• the quantity of hazardous and other waste, including solid or plastic, generated after refurbishment. 
• Such quantities must be disposed of. To ensure the refurbishment process and comply with the standard  prescribed by the CPCB 

Responsibility of recycler 

Recycler means stakeholder engaged in recycling of waste batteries and the waste battery includes 

• Used or end-of-life battery or its component or spares or parts or consumables
• Pre-consumer off-spec battery and its components or spares or parts or consumables.
• Battery whose date for appropriate use has expired 
• The battery that has been discarded by the user 

The recycler needs to submit a quarterly return to CPCB based on the information on the quantity of  battery and its waste 

• Collected or received from various producers or stakeholders 
• recycled quantities, 
• Compliance of material-wise recovery percentages. 
• quantity of hazardous waste, including solid and plastic waste, generated after recycling

The certificate for batteries and their waste provided by Registered stakeholders shall be provided for the type and quantity of battery refurbished or recycled and can be transacted to meet EPR obligations.

EPR certificate will be generated by CPCB through the centralized portal based on the recycled or refurbished quantities and assigned to recyclers or refurbishers Moreover recyclers or refurbishers can sell the assigned EPR certificate to the producer in exchange for the battery and its waste 

Epr certificate for recycler and refurbisher shall be generated based on 

• Weight of battery processed 
• Percentage fulfilment of material recovery target for a specified year 
• Geographical sources of batteries such as domestic or imported 

EPR credit for compliance of battery waste 

Extended Producer Responsibility (EPR) certificates are issued by the Central Pollution Control Board [ CPCB]  based on recycled or refurbished quantities and assigned to recyclers, and refurbishers. For the issuing of the certificate, there are specific criteria addressed by CPCB as follows 

• weight of a Processed battery.
• Percentage fulfilment of material recovery targets for a specified year. 
• Geographical source of battery such as domestic or imported.

Recyclers/refurbishers can sell the assigned EPR certificates to producers in exchange for waste batteries. The certificate generation follows clear guidelines, including meeting recovery targets and specifying the origin of batteries. This structured approach ensures accurate reporting, adapts to technology changes, and provides a sustainable mechanism for waste management and stakeholders to meet their responsibilities.

Surplus EPR certificate in a category can only be used for off-setting, carry forward and sale for the same category of battery.

EPR certificate specified for producer of battery waste compliance 

producer will meet their EPR obligation through the EPR certificate made available by the recycler or refurbisher In the case of non-availability of EPR  certificate with the recycler or refurbisher, the producer shall have the responsibility of collection as well.

A producer can meet its EPR  obligation under a category by purchasing surplus EPR  certificates from other producers of the same category of battery.

A producer can purchase an EPR certificate limited to its EPR  liability of the current year plus any leftover liability of the preceding year plus per cent of the current year’s liability.

EPR certificates purchased by the producer will be automatically adjusted against their liability.

Validity of certificate for EPR Compliance of battery waste 

EPR certificates generated by recyclers or refurbishers are valid for seven years, aligning with producers’ obligation

Abbreviation of EPR credit compliance of battery waste 

EPR certificates used by the producer to meet EPR  obligations shall not be exchanged again. For the fulfilment of the EPR obligation, producers are required to acquire an EPR certificate from registered recyclers it is essential to note that the fulfillment of obligations is casual upon the obtaining of recycling certificates. This strategic mechanism encourages the prioritisation of batteries and their waste recycling. To streamline and facilitate these processes, a centralized EPR portal has been developed by the Central Pollution Control Board (CPCB). This portal serves as a legible platform for the implementation of various processes:

Registration of Stakeholders

The portal facilitates the seamless registration of stakeholders involved in the life cycle of battery and its waste management. This includes producers, recyclers, and refurbishers.

Generation of EPR Certificates

Stakeholders, particularly recyclers and refurbishers, can utilize the portal to generate EPR certificates, providing a transparent record of their batteries and their waste recycling.

Trading/Issuance of Certificates

The portal serves as a marketplace for the trading and issuance of EPR certificates, enabling producers to fulfil their obligations by acquiring certificates from registered recyclers.

Filing of EPR Obligations

Stakeholders can use the portal to file their EPR obligations, creating a streamlined and accountable process for regulatory compliance.

This regulatory framework, augmented by the EPR mechanism and the CPCB’s centralised portal, aims to fortify the responsible management of batteries and their waste while ensuring compliance.

 

A legal EPR  obligation consequence of battery waste compliance 

The unfulfilled EPR obligation for a particular year will be carried forward to the next year for 3 years.

In case the shortfall of EPR  obligation is addressed within subsequent years within 3 years, the environmental compensation levied shall be returned to the producer as given below 

• Within one year of levying environmental compensation – 75 per cent return 
• Within 2 years – 60 percent return 
• Within 3 years – a 40 percent return 

Annual return submission for EPR Compliance of battery waste 

The state pollution control board submits an annual report  to the central pollution control board by 30th June every year regarding the effective management of batteries and their waste  

Conclusion for EPR Compliance of Battery Waste 

Central pollution control board shall verify compliance by stakeholders through inspection and audit involved in battery waste management. the extended producer responsibility target shall include the collection targets—100% recycling or refurbishment target of the respective year.

CPCB shall 

• develop a mechanism for the exchange of EPR certificates on the online portal 
• Publish the list of producers who have failed to meet EPR targets and obligations on an annual basis.
• Share the EPR plans and annual returns of producers.
• Establish a mechanism to ensure a regular dialogue between stakeholders in the fulfilment of obligation.
• Review technologies related to waste battery management for techno-economic viability and feasibility specifically concerning the recovery of battery material 
• Issue guidelines about technologies and standards concerning the refurbishment and recycling of waste batteries.
• Recommend to MOEFCC concerning the battery material recovery from recycling based on technological and commercial viabilities.