Overview of EPR License for E-Waste Recyclers

Due to Globalization, Privatization and Liberalization policies in India, a huge surge of various hazardous wastes have been increased such as Import of plastics, batteries, tires, and oils. While this supports several industrial needs, it brought forth a critical challenge. Thus, issues such as harm to environment and physical health challenges were on the increase. Due to the rise of this problem, the Indian government implemented the EPR schemes in 2016 that targets proper handling and disposal of hazardous waste. To address this problem, The Indian Government has instituted regulatory polices falling under the EPR Umbrella. An EPR License for E-Waste Recyclers in India is a clearance issued by the CPCB complied by producers, importer and recyclers of electrical and electronic equipment, who take responsibility for the e-waste control by their products. This is allowed by the license that guarantees proper collection, recycling, and disposal of the e-waste.

What is an EPR License?

Currently, India ranks among the highest seven fastest-growing technological markets, in which the disposal of e-waste poses a major challenge. Unfortunately, e-waste consists of old mobile devices, laptops, computers, and televisions amongst other gadgets, many of which are loaded with chemicals that are detrimental to the environment. So Government of India is introduced E-Waste (Management) Rules, 2016 and thereafter E-Waste (Management) Rules, 2022 which sets rules and regulations related to E-wastes. An EPR license means that the producers as well as the recyclers of the electronic products have to take full accountability for the life cycle of their products and this certainly comprises of the disposal as well.

Advantages of EPR License for E-Waste Recyclers

Following are the advantages of E-Waste Recycling-

• Environmental Protection- EPR license has several benefits where one of them is the cleaner environment so the ecosystems and health of the people is preserved.
• Legal Compliance and Avoidance of Penalties- The EPR license makes sure that the e-waste recyclers are in line with the Electronic transaction and E-Waste (Management) Rules, 2016 and any changes to it. Adherence to these regulations is important when it comes to the prevention of legal consequences such as penalties, fines, and in some extreme situations business close down, therefore offering business certainty and stability.
• Boosting the company’s image and credibility- Among consumers, investors and other business associates the company gains more credibility, hence potentially a bigger market share.
• Resource Management- Through the implementation of effective EPR, e-waste is recycled thus availing valuable materials like gold, silver, copper, and rare earth among others. Besides this, it protects natural resources and eliminates the necessity of mining and extraction of raw materials that harm the environment.
• Data and reporting- A license to deal in EPR is acknowledged with the requirement to document details and report e-waste management affairs consistently. This enhances the collection of statistically sound data and information hence improving the ability of the regulators and recyclers to fashion out improvements for e-waste management.

Who is Recycler?

As per rule 2 (ee) of E-Waste (Management) Rules, 2016 - means any person who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components and having facilities as elaborated in the guidelines of Central Pollution Control Board.

As per rule 3 (u) of E-Waste (Management) Rules, 2022 means any person or entity who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components or their parts for recovery of precious, semi-precious metals including rare earth elements and other useful recoverable materials to strengthened the secondary sourced materials and having facilities as elaborated in the guidelines of the Central Pollution Control Board made in this regard

Responsibilities of the recycler-

As per rule 11 of E-Waste (Management) Rules, 2016 following are the responsibilities of recyclers-

• Follow CPCB standards for facility and processes
• Obtain authorization from State PCB
• Prevent environmental damage during storage/transport
• Ensure recycling doesn't harm health/environment
• Provide records for inspection
• Send non-recyclable fractions to authorized recyclers
• Dispose residue at authorized facilities
• Maintain records in Form-2
• File annual returns in Form-3 by June 30
• May accept unlisted items without radioactive material
• Operating without authorization is environmental damage

As per rule 9 of E-Waste (Management) Rules, 2022, following are the responsibilities of recyclers-

• Register on the portal
• Comply with CPCB standards for facilities and processes
• Send un-recycled materials to registered recyclers
• Properly dispose of residue at authorized facilities
• Maintain records on the portal
• File quarterly and annual returns
• Accept non-listed electronics without radioactive materials
• Create public awareness
• Report non-recyclable e-waste
• May use dismantlers, ensuring proper material flow and record-keeping

Document Required for EPR License for E-Waste Recyclers-

• Application Form: Completed and signed EPR authorization application form.
• Company Registration Documents: Proof of legal entity.
• Authorized Signatory: Authorization letter or board resolution.
• PAN Card: Permanent Account Number (PAN) card.
• GST Registration: Goods and Services Tax (GST) registration certificate.
• Compliance Details: Details of environmental regulations compliance.
• E-Waste Management Plan: Detailed plan for e-waste management.
• Proof of Collection Mechanism: Evidence of collection mechanisms.
• Recycling Facility Details: Location, capacity, technology, and environmental standards.
• Consent to Establish/Operate: Consent from the relevant State Pollution Control Board or Pollution Control Committee.
• Agreement with Producers: Agreements or contracts for e-waste collection and recycling.
• Annual Returns: Compliance with e-waste management rules.
• Audit Reports: Environmental audit reports or third-party certification.
• Employee Details: Qualifications and training of employees involved.
• Insurance: Insurance policy covering e-waste management risks.
• Financial Statements: Audited financial statements of the company for the last three years.
• Other Documents: Any other documents as specified by the regulatory authority.

Procedure for grant of authorization to dismantler or recycler –

E-Waste (Management) Rules, 2016, specifically Rule 13(3):

• Dismantlers or Recyclers must apply for authorization within 120 days of the rules coming into force.
• The application (Form-4) must include:

(a) Consent from State Pollution Control Board

(b) Registration certificate from District Industries Centre

(c) Proof of installed capacity

(d) Compliance certificate (for renewals)

• Previously authorized entities under older rules don't need to reapply until their current authorization expires.
• State Pollution Control Board may grant authorization after verifying the application and conducting a site inspection.
• Authorization decisions should be made within 120 days of receiving a complete application.
• Authorizations are valid for 5 years.
• The Board can refuse, cancel, or suspend authorizations for non-compliance.
• Renewal applications must be made 120 days before expiry.
• Dismantlers and Recyclers must maintain records and file annual returns.
• The Central Government and Central Pollution Control Board may issue additional guidelines for dismantling and recycling processes.

Suspension or cancellation of Authorization-

State/Central Pollution Control Boards can suspend or cancel authorizations if:

• Holders fail to comply with conditions or rules
• After giving a fair hearing and recording reasons
• For a period deemed necessary in public interest

Upon suspension/cancellation:

• Boards may give directions for safe e-waste storage and management
• Authorization holders must comply with these directions
• Boards must inform relevant authorities within 10 days of cancellation.

Appeal process:

• Person affected by CPCB/SPCB order can appeal within 30 days.
• Use Form 7 to appeal to State Environment Secretary.
• Appeals after specified time may be accepted if sufficient reasons.
• Appeals must be resolved within 60 days of filing.

Targets for Extended Producer Responsibility -

Schedule III of the E-Waste (Management) Rules, 2016 outlines " - Authorization". This schedule provides a timeline and collection targets for e-waste under the EPR framework:

• During the first two years of rule implementation: 30% of the waste generation quantity indicated in the Extended Producer Responsibility Plan.
• During the third and fourth years: 40% of the waste generation quantity.
• During the fifth and sixth years: 50% of the waste generation quantity.
• From the seventh year onward: 70% of the waste generation quantity.

Modalities of the extended producer responsibility Regime-

• As per rule 13 of E-Waste (Management) Rules, 2022 The producer shall fulfill their extended producer responsibility through online purchase of extended producer responsibility certificate from registered recyclers only and submit it online by filing quarterly return.
• The details provided by producer and registered recycler shall be cross-checked on the portal.
• In case of any difference, the lower figure shall be considered towards fulfillment of extended producer responsibility obligation of the producer.
• The certificates shall be subject to environmental audit by the Central Pollution Control Board or any other agencies authorized by the Central Pollution Control Board in this regard.

Extended producer responsibility Certificate Generation- As per rule 14 of E-Waste (Management) Rules, 2022

• The Central Pollution Control Board shall generate extended producer responsibility certificate through the portal in favor of a registered recycler in the format laid down by it in this regard.
• The validity of the extended producer responsibility certificate shall be two years from the end of the financial year in which it was generated and the expired certificate automatically extinguished after the period unless extinguished earlier as per the provisions of these rules.
• Each extended producer responsibility certificate shall have a unique number containing year of generation, code of end product, recycler code and a unique code and the extended producer responsibility certificates shall be in the denominations of 100, 200, 500 and 1000 kg or such other denominations as may be laid down by the Central Pollution Control Board with the approval of the Steering Committee.

How Whizseed can help?

• Streamlined application process: Whizseed can offer a user-friendly online platform that guides applicants through each step of the EPR license application process.
• Expertise: Our team has in-depth knowledge of EPR licensing requirements and processes in India.
• Reduced errors: Our guided process and document checks minimize the risk of application errors or omissions.
• Continuous support: Whizseed offers ongoing assistance throughout the licensing process and beyond.
• Compliance guidance: Whizseed can offer up-to-date information on the latest EPR regulations and requirements, helping applicants stay compliant.