Key Highlights of the Draft E-Waste Management Rules; objections or suggestions invited by the MoEFCC by 18th July, 2022
The Ministry of Environment, Forest and Climate Change in a Gazette notification dated 19th May, 2022 had rolled out the Draft E-Waste Management Rules in supersession of the E- Waste (Management) Rules, 2016 and the E- Waste (Management) Amendment Rules, 2018 and has invited objections or suggestions by 18th July, 2022.
Key Takeaways of the Draft Rules:
1. In Schedule I of the Draft Rules, 9 items have been proposed to be added under “Information technology and telecommunication equipment” to include scanners, routers, tablets, IPad and, phablets, etc. and 13 items have been proposed to be added under “Consumer Electrical and Electronics and Photovoltaic Panels” to include set top boxes, video recorders, video cameras, etc. In addition to these, Large and Small Electrical and Electronic Equipment, Electrical and Electronic Tools (With the exception of large- Scale Stationary Industrial Tools), Toys, Leisure and Sports Equipment and Medical Devices (With the Exception of All Implanted and Infected Products) have been proposed to be added to Schedule I. Essentially, the number of items to which the Rules would cover has been significantly expanded.
2. The Draft Rules proposes to extend applicability to packaging plastics covered under Plastic Waste Management Rules, 2016 as a part of the Rules;
3. The Draft E-Waste Management Rules has proposed to revise the definition of Bulk Consumer as any entity which has used at least 1000 electrical and electronic equipment listed in Schedule I, at any point of time in the particular Financial Year and will include e-retailer as well. Currently, the definition of bulk consumer includes bulk users of electrical and electronic equipment such as Central Government or State Government Departments, public sector undertakings, banks, educational institutions, multinational organizations, international agencies, partnership and public or private companies that are registered under the Factories Act, 1948 and the Companies Act, 2013 and health care facilities which have turnover of more than one crore or have more than twenty employees;
4. As proposed in the Draft Rules, the definition of e-waste must also include Solar PV modules, panels and cells;
5. The Draft Rules further proposes that every manufacturer, producer, recycler and refurbisher shall get themselves registered on the centralized portal of the Central Pollution Control Board;
6. A new requirement of an EPR Certificate which must be generated by the Central Pollution Control Board through the centralized portal in a prescribed manner to every recycler and refurbisher of E-waste has been proposed;
7. It has been proposed by the Draft Rules that every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I will ensure that new Electrical and Electronic Equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, polybrominated biphenyls and polybrominated diphenyl ethers beyond a maximum concentration value of 0.1% by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01% by weight in homogenous materials for cadmium.
