The E-waste (Management) Rules 2022-Applicability on use, import of used equipment and dismantling of electrical and electronic equipment used in industrial processing

The E-waste (Management) Rules 2022-Applicability on use, import of used equipment and dismantling of electrical and electronic equipment used in industrial processing.

The E-waste (Management) Rules, 2016 have been superseded by the E-waste (Management) Rules 2022 notified through G.S.R. 801(E) dated 2-11-2022. The rules are applicable from 01-04-2023.

This paper examines the applicability of the E-Waste (Management) Rules 2022 to entities who may not be, Producers (except as importers of used equipment), manufacturers, refurbishers or recyclers of electrical or electronic items as mentioned in the schedule but who may be using such equipment or may be engaged in dismantling or as producers may be importing used equipment.

• E-waste (Management) Rules, 2016 have been superseded by the E-waste (Management) Rules 2022 notified by G.S.R. 801(E) dated 2-11-2022.
• As per Rule 2, the rules apply to every manufacturer, producer, refurbisher, dismantler and recycler involved in the manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical or electronic equipment’s listed in the schedule (Schedule 1) including their components, consumable, parts and spare which make the product operational. The Rules do not apply to waste batteries covered under the battery waste management Rules 2022, packaging plastics covered under the Plastic waste management Rules 2016, microenterprises as defined under the MSME Development Act 2006 and radio-active wastes covered under the Atomic Energy Act 1962.
• The rules therefore do not apply to those persons who may be engaged in the sale, transfer, purchase of electrical or electronic equipment’s, including their components, consumable, parts and spare which make the product operational, if they are not manufacturers, producers, refurbishers, dismantlers and recyclers.
• Rule 2, also does not make any provision for the Act to apply to users of the Electronic and Electrical equipment listed in schedule. It only applies the rules to manufacturers, producers, refurbishers, dismantlers and recyclers.
• Rule 3, however defines a ‘bulk’ consumer to mean any entity which has used at least one thousand units of electrical and electronic equipment as listed in schedule 1 at any point of time in the particular financial year and includes an e-retailer (‘e-retailer’ means an individual or company or business entity that uses an electronic network such as internet, social media, telephone or any other media, to sell its goods). Rule 8 of the rule fixes responsibilities for Bulk consumers and makes them responsible of ensuring that e-waste generated by them is handed over only to the registered producer, refurbished or recycler. This is one responsibility of the Bulk User but it would be in the general interest of all users and the environment if e-waste is handed over to approved agencies only.
• Rule 3 also further defines manufacturers, producers, refurbishers, dismantlers and recyclers.
• A manufacturer is an entity, company, factory or MSME as defined in corresponding legislations which has facilities for manufacture of electrical and electronic equipment as specified in schedule-1.
• A ‘producer’ is defined as any person or entity who manufactures and offers to sell an electrical or electronic equipment under its own brand; offers to sell under its own brand, electrical or electronic equipment or their components, parts, consumables or spares produced by other manufactures or suppliers; offers to sell imported electrical and electronic equipment and their components, consumables, parts or spares; a person who imports used electrical and electronics equipment. If an industry /person import used electrical and electronic equipment it falls in the ambit of the rules as a producer.
• An importer of used electric or  Electronic items or Import will only be permitted if it is ensured 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 per cent by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01 per cent by weight in homogenous materials for cadmium.( Rule 16. Subrule1)
• Importers of applications listed in Schedule-II of the notification to these rules shall only be permitted to do so if it is ensured that the limits of hazardous substances as given in Schedule-II will be complied. (Rule 16. Subrule 4)
• Being covered as a producer under the rules, an importer of used electrical and electronic equipment listed in Schedule I shall be responsible for – (1) registration on the CPCB portal; (2) obtaining and implementing extended producer responsibility targets as per Schedule-III and Schedule-IV through the portal.
• The importers of used electrical and electronic equipment shall have 100% extended producer responsibility obligation for the imported material after end of life, if not re-exported.
• The importer shall fulfill their extended producer responsibility through online purchase of extended producer responsibility certificate from registered recyclers only and submit it online, on the CPCB portal, by filing quarterly return.
• A recycler is defined as a person or entity who is engaged in recycling and reprocessing of waste electrical and electronic equipment or their assemblies, components or parts for recovery of precious and semi process metals including rare earth elements as per the guidelines of the CPCB.
• Refurbisher means an entity repairing or assembling used electrical and electronic equipment for extending its working life and for the same use as originally intended and selling the same in the market. In my opinion if a repairing or assembly is undertaken by a user but the intention is not of selling in the markets, the repair or assembly would not qualify as refurbishment and the user will not be a refurbisher.
• A dismantler has been defined as a person or entity engaged in the dismantling of used electrical or electronic equipment into their components and having authorisation from the concerned State Pollution Control Board/Committee as per guidelines of the CPCB.
• Industries handling, for the purposes of use, Electrical and Electronic equipment’s as specified in the schedule would not be covered under the E-waste rules of 2022 if they are not manufacturers, producers refurbishers or recyclers as defined. However, if they are engaged in assembling or repairing an electrical or electronic equipment for the extending its life or importing used electrical or electronic equipment, they invite the provisions of this notification.
• Also, if an industry using electrical or electronic equipment as listed in schedule 1 is engaged in dismantling of used electrical and electronic equipment it will need an authorisation from the concerned PCB/PCC.
• The rule at 2(m) also defines extended producer responsibility to mean the responsibility of any producer for meeting the recycling targets as per details provided in schedule IV only through registered recyclers. It is only applicable to ‘Producers as defined which also includes importers of used electrical and electronic equipment.
• It has been provided (Rule 4) that only the manufacturers, producers, refurbishers and recyclers will have to register themselves through the Central Pollution Control Board. Industry users of electrical and electronic equipment who are not manufacturers, producers, refurbishers or recyclers will not need registration. Importers of used electrical and electronic equipment will need a registration.
• As a consumer/bulk consumers of electrical and electronic items as defined, industry will have to ensure that the e-waste generated by them is handed over only to the registered procedures, refurbished or recyclers.
• Where an industry which is handling electrical or electronic wastes is engaged in dismantling the used electrical or electronic waste, for the purposes of sale, it will have to avail an authorisation from the concerned State Pollution Control Board. The State Governments or Union Territories through the Department of Labour have been entrusted the responsibility of ensuring recognition and registration of workers involved in dismantling and recycling, assist in the formation of groups of such workers undertake skill development in dismantling and recycling and undertaking annual monitoring and ensuring safety and health of workers involved in dismantling and recycling. (Rules 10).
• Rule 11 of the rules provides that a producer, manufactures, refurbisher and recycler can only store e-waste for a period not exceeding one hundred and eight days which may be extended to in special circumstances.
• Management of solar photo voltaic modules or panels of cells is provided in rule 12 but is only applicable to ‘Producer’ as defined above.
• Rules 13 to 15 provided for the implementation of extended producers responsibility and make producers responsible for fulfilling the E.P.R. obligations for which they may take the help of third-party organisations (Producer responsibility organisations, collection centers, dealers etc.)
• The Extended Producer responsibility is entirely that of the producer and for which a producer may purchase online E.P.R. certificate from registered recyclers. The certificates shall be subject to Environmental Audit by the CPCB or an organisation authorised by it.
• Rule 16 provides for a reduction in use of hazardous substances in the manufacture of electrical and electronic equipment’s.
• E-waste generated from manufacture or recycling and meant for final disposal to a TSDF shall be transported in accordance to the Hazardous and other waste (Management and Transboundary Movement) Rules 2016.
• Electrical/ electronic equipment including solar photo voltaic modules, panels or cells discarded as waste in whole or in part or rejects from manufacturing, refurbishment and recycling processes constitute e-wastes.
• The rules (Rule 22) also provide for environmental compensation as per the guidelines to be prescribed by the Central Pollution Control Board. Compensation is provided in cases of violation of any of the provisions of those rules and guidelines. This may need be examined because violation of rules is already provided in the E.P. Act of 1986 and compensation is for damage after damage assessment. (NGT Act 2010)

Responsibilities of Industries which are not manufacturers, producers (except importers), refurbishers, dismantlers and recyclers under the E-Waste Management Rules, 2016 but are users, importers and dismantlers of Electrical and Electronic equipment.

1. The E waste Management Rules 2022 apply to manufacturers, producers, refurbishers, dismantlers and recyclers. They do not apply to users of electrical and electronic equipment’s unless they are bulk users.
2. Importers of used electrical and electronic equipment are covered within the definition of producers and need a registration and compliance to EPR.
3. The rule prescribes that the e waste generated by bulk consumers should be handed over only to the registered producers/refurbishers or recyclers.
4. The terms manufacturer, producer, refurbishers and recyclers are very clearly defined and generally industries which only use electrical or electronic equipment may not be covered under the rules but it is advisable to hand over E-waste only to registered entities.
5. If a repair activity or assembly is undertaken by a user but the intention is not of selling, the user will not be a refurbisher.
6. If a user/industry/person is engaged in the dismantling of used electrical or electronic equipment’s into their components then it will require an authorisation from the CPCB.
7. Industry users of electrical and electronic equipment’s who are not manufacturers, producers, refurbishers or recyclers will not need a registration.
8. E-waste shall be stored for a period of no more than 180 days. E-waste from manufacturing or recycling facilities being sent to TSDF shall be transported in accordance to the Hazardous and other waste (Management and Transboundary) Rules 2016. Sending e-waste generated by users/consumers may not invite this provision.
9. The provision of Environmental compensation may need to be taken up as being not in conformance to the E.P. Act 1980 or other principles of law.