Government notifies New Rules to regulate Battery Waste; Batteries (Management and Handling) Rules, 2001 stands repealed

With a view to ensure environmentally sound management of waste batteries, the Government has notified the Battery Waste Management Rules, 2022 (New Rules) effective 22nd August, 2022. The New Rules has replaced the Batteries (Management and Handling) Rules, 2001 (Old Rules).
Unlike the narrow scope of the Old Rules which defined a battery as a lead acid battery that is a source of electrical energy and contains lead metal, the New Rules are applicable to all types of batteries irrespective of their shape, volume, chemistry, usage, and material composition. The only exemption from these rules is for the batteries used in essential security equipment including ammunitions, arms, war material and any other material intended specifically for military purposes, and for that equipment that is designed to be sent into space and its exploration.

The New Rules have cast obligations upon producers, dealers, consumers. entities involved in collection, segregation, transportation, refurbishment and recycling of Waste Battery.

• ‘Producer’ means an entity engaged in manufacture and sale of Battery including refurbished Battery, including in equipment, under its own brand; or sale of Battery including refurbished Battery, including in equipment, under its own brand produced by other manufacturers or suppliers; or import of Battery as well as equipment containing Battery;
• ‘Consumer’ means end users of Battery;
• ‘Manufacturer’ means a person or an entity or a company as defined in the Companies Act, 2013 or a factory as in the Factories Act, 1948 (63 of 1948) which has facilities for manufacturing of Battery and/or its components;
• ‘Recycler’ means an entity engaged in recycling of Waste Battery and
• ‘Refurbisher’ means an entity engaged in repairing, re-conditioning, re-purposing of used Battery for its second life.

The New Rules cover all types of batteries, viz. Electric Vehicle batteries, portable batteries, automotive batteries and industrial batteries. The definition of battery and the various types of batteries the New Rules cover is as follows:

• ‘Battery’ – 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;
• ‘Automotive battery’ – any Battery used only for automotive starter, lighting or ignition power;
• ‘Electric vehicle battery’ – any Battery specifically designed to provide traction to hybrid and electric vehicles for road transport;
• ‘End of Life battery’ – Battery which have been used, completed its intended use and is not meant for refurbishment;
• ‘Industrial battery’ – any Battery designed for industrial uses, excluding Portable battery, Electric vehicle battery and Automotive battery. These may include sealed Battery (excluding potable battery); unsealed Battery (excluding automotive Battery) and energy storage system Battery;
• ‘Portable battery’ – Battery that is sealed, less than five kilograms, not made for industrial purposes, electric vehicle or to be used as an Automotive Battery;
• ‘Used battery’ – Battery and/or its components which have been used and have residual life and suitable for refurbishment;
• ‘Waste Battery’ which 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.

Let us look at the Key Compliance Obligations emanating from the New Rules:

1. On the part of Producers:-
a. Obtain registration through the centralised online portal;
b. Adhere to prescribed specification on heavy metal content in the Battery;
c. Adhere to prescribed labelling specifications on Battery or Battery packs;
d. Intimate CPCB of any changes to the information contained in the EPR registration;
e. Submit EPR Plan to CPCB for the Battery manufactured in the preceding financial year;
f. Submit EPR Plan to CPCB for Battery manufactured in FY 2022-23;
g. File Annual Return under EPR with CPCB;
h. Safely handle Battery or Waste Battery;
i. Adhere to obligation w.r.t. minimum use of domestically recycled materials in new Battery.

2. On the part of Consumers:-

a. Segregate Waste Battery from other waste streams;
b. Dispose Waste Battery in environment friendly manner.
3. On the part of entity/ies involved in collection, segregation and treatment:-
a. Hand over Waste Battery to registered refurbisher or recycler;
b. Adhere to standards or guidelines prescribed by the CPCB;
4. On the part of Refurbishers:-
a. Obtain one-time registration through the centralised online portal;
b. Adhere to guidelines prescribed by CPCB;
c. Comply with the standards or guidelines prescribed by the CPCB while during refurbishment processes and facilities;
d. Furnish quarterly returns in the prescribed manner;
e. Ensure that the Waste Battery is removed from collected appliance if it is incorporated in an equipment;
f. Make available the total quantity of Waste Battery on the website.
5. On the part of Recyclers:-
a. Obtain one-time registration through the centralised online portal;
b. Adhere to guidelines prescribed by CPCB;
c. Comply with the standards or guidelines prescribed by the CPCB during recycling processes and facilities;
d. Ensure that the Waste Battery is removed from collected appliance if it is incorporated in an equipment;
e. Furnish quarterly returns
f. Make available the total quantity of Waste Battery on the website;
g. Provide a certificate for recycling of Waste Battery.
The New Rules are conceived 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. EPR mandates that all waste batteries to be collected and sent for recycling/refurbishment, and it 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 waste batteries.

Targets for Extended Producer Responsibility:-

a. Under Schedule II of the Rules, Extended Producer Responsibility targets (applicable for different types of Battery, based on the average life of the Battery) have been specified.
b. A Producer is required to meet the Extended Producer Responsibility obligations through the EPR certificate provided by the recycler or refurbisher.
c. Extended Producer Responsibility targets for the Producer is however, specific to the kind of Battery such as Lead acid, Li-Ion, Nickel Cadmium, Zinc based Battery, etc. within each type of Battery (portable, automotive, industrial or electric vehicle Battery).
Additionally, the New Rules have also included a separate provision regarding the levying of Environmental Compensation (“EC”) based on the Polluter Pays Principle for non-fulfilment of Extended Producer Responsibility targets, responsibilities and obligations set out in the rules. The fund accumulated under the EC will be utilised in collection and refurbishing or recycling of uncollected and non-recycled waste batteries.

Source: Ministry of Environment, Forest and Climate Change