Battery Waste Management (Amendment) Rules,
2023
[25th October 2023]
In
exercise of the powers conferred by sub-section (1), clauses (v) and (vii) of
sub-section (2) of section 3, sub-section (1), clauses (c) and (d) of
sub-section (2) of section 6, section 8, clause (b) of sub-section (2) of
section 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central
Government hereby makes the following rules to amend the Battery Waste
Management Rules, 2022, namely:-
Rule - 1.
(1)
These
rules shall be called the Battery Waste Management (Amendment) Rules, 2023.
(2)
They
shall come into force on the date of their publication in the Official Gazette.
Rule - 2.
In
the Battery Waste Management Rules, 2022 (hereinafter referred to as the said
rules), in rule 3, in sub-rule (1), -
(a)
for
clause (c) the following clause shall be substituted, namely:-
"(c) Battery means new or refurbished cell or Battery, including
accumulator, which is any source of electrical energy generated by direct
conversion of chemical energy and includes disposable primary or secondary
battery;";
(b)
in
clause (u), for sub-clause (iii), the following sub-clause shall be
substituted, namely:-
"(iii) import of Battery or equipment containing Battery; or
(iv) manufacture or assembling of Battery or refurbished Battery
including in equipment for sale to the Producer mentioned in sub-clause (ii)
without its own brand name;".
Rule - 3.
In
rule 4 of the said rules, -
(a)
for
sub-rules (1) and (2), the following sub-rules shall be substituted, namely:-
"(1) Every Producer shall have the obligation of Extended Producer Responsibility
for the Battery that they introduce in the market and the Battery which they
put to self-use, to ensure the recycling or refurbishing obligations as per
Schedule II;
(2) Every
Producer shall have the obligation for environmentally sound management of
preconsumer waste battery generated during manufacturing or assembling or
import of a Battery or Battery pack and every Producer shall file the annual
returns in Form 3 in respect of preconsumer waste battery generated in the
preceding financial year.
(2A) Every Producer shall meet the
collection and recycling and refurbishment targets as mentioned in Schedule II
for Battery or Battery pack made available in the market including the Battery
which they put for self-use.";
(b)
for
sub-rules (4) and (5), the following sub-rules shall be substituted, namely:-
"(4) Every Producer shall obtain registration from the Central Pollution
Control Board through online centralised portal in Form 1(A).
(5) The
Central Pollution Control Board on registration of the Producer shall issue a
certificate of registration in Form 1(B) to such Producer which shall be valid
until it is cancelled or withdrawn.";
(c)
for
sub-rule (6), the following sub-rule shall be substituted, namely: -
"(6) Every Producer shall inform the Central Pollution Control Board of
any changes to the information contained in the Extended Producer
Responsibility registration.
(6A) In case the Producer stops its operations, the Producer shall have
to discharge its Extended Producer Responsibility obligation in respect of
Batteries already made available in the market till closure of operations, in
accordance with provisions of these rules.";
(d)
for
sub-rule (7), the following sub-rule shall be substituted, namely: -
"(7) The Producer shall furnish a return regarding the Battery
manufactured or assembled or imported in the preceding financial year in Form
1(C) to the Central Pollution Control Board on or before the 30th June of every
year.";
(e)
sub-rule
(8) shall be omitted;
(f)
after
sub-rule (15), the following sub-rule shall be inserted, namely: -
"(16) The Producer shall take
measures for sustainable production of Battery or Battery pack including in
accordance with the guidelines issued by the Central Pollution Control
Board.".
Rule - 4.
In
rule 8 of the said rules, for sub-rule (4), the following sub-rule shall be
substituted, namely: -
"(4) The total weight of waste Battery processed by entity involved in
refurbishment of waste Battery, on quarterly basis, shall be made available on
the portal developed by the Central Pollution Control Board for generation of
Extended Producer Responsibility certificates.".
Rule - 5.
In
rule 9 of the said rules, -
(a)
for
sub-rule (4), the following sub-rule shall be substituted, namely:-
"(4) The total weight of waste Battery processed by entity involved in
recycling of waste Battery, on quarterly basis, shall be made available on the
portal developed by the Central Pollution Control Board.";
(b)
for
sub-rule (5), the following sub-rule shall be substituted, namely:-
"(5) Recycler shall not deal with any other entity not having
registration mandated under these rules.".
Rule - 6.
In
rule 10 of the said rules, -
(a)
in
sub-rule (2), for the words "and shall include Goods and Services Tax data
of the entity", the words "based on relevant parameters as prescribed
by the Central Pollution Control Board" shall be substituted;
(b)
in
sub-rule (3), the words "Central Pollution Control Board will provide for
the issuance of such certificates on the online portal" shall be omitted;
(c)
sub-rules
(4) and (5) shall be omitted;
(d)
in
sub-rule (6), for the words in exchange of Waste Battery", the words
"for fulfilling their extended producer responsibility obligations"
shall be substituted;
(e)
for
sub-rules (7) and (8), the following sub-rules shall be substituted, namely:-
"(7) The Extended Producer Responsibility certificate for recycler or for
refurbisher shall be generated based on the weight of waste Battery processed
or refurbished, as the case may be, and weight of Battery material produced as
per guidelines of the Central Pollution Control Board and the Central Pollution
Control Board shall ensure that every certificate is issued based on the waste
Battery processed or refurbished.
(8) No
Extended Producer Responsibility certificate shall be generated for the
recycling or refurbishment of waste Battery imported under the Hazardous and
Other Wastes (Management and Transboundary Movement) Rules, 2016 and separate
accounting shall be maintained and reported for recycling or refurbishment of
imported waste Battery.";
(f)
for
sub-rule (9) the following sub-rule shall be substituted, namely: -
"(9) An Extended Producer Responsibility certificate in a category can
only be used for offsetting, carry forward and sale for the same category of
Battery.";
(g)
after
sub-rule (14), the following sub-rule shall be inserted, namely: -
"(15) One or more trading
platform for sale and purchase of Extended Producer Responsibility certificates
may be established through agency accredited and in accordance with the
guidelines issued by the Central Pollution Control Board with the approval of
the Central Government.
(16) The operation and regulation of
electronic platform (s), so established under sub-rule 15 for trade of Extended
Producer Responsibility certificates between obligated entities, shall be as
per guidelines notified by the Central Government based on the recommendations
of Central Pollution Control Board for the purpose.
(17) The Central Pollution Control
Board shall fix the highest and lowest price for Extended Producer
Responsibility certificate every six month or as required, keeping in view the
cost for collection and environmentally sound management of waste Battery and
the environmental compensation regime in force.".
Rule - 7.
In
rule 11 of the said rules, --
(a)
in
sub-rule (3), after the word "application", the following words shall
be inserted, namely:-
"and
on the expiry of the said period of two weeks, the registration shall be deemed
to be done, if not refused by the Central Pollution Control Board.";
(b)
for
sub-rules (4) and 5, the following sub-rules shall be substituted, namely:-
"(4) The registration of Producer shall be valid until is cancelled or
withdrawn by the Central Pollution Control Board.
(5) The
Central Pollution Control Board shall share all relevant information regarding
Producer with the State Pollution Control Board through online portal.";
(c)
sub-rule
(6) shall be omitted;
(d)
sub-rule
(9) shall be omitted;
(e)
for
sub-rule (17), the following sub-rule shall be substituted, namely
"Central Pollution Control Board shall issue guidelines for
environmentally sound procedures of collection, storage, transportation,
refurbishment, and recycling of waste Battery, and for implementation of
various provisions of these rules.";
(f)
for
sub-rule (21), the following sub-rule shall be substituted, namely: -
"(21) The Central Pollution
Control Board shall prepare an annual report containing information which,
inter alia, includes the Extended Producer Responsibility targets of Producers,
recycling and refurbishment of waste Battery, generation and exchange of
Extended Producer Responsibility certificates, and collection and utilisation
of environmental compensation and furnish to the Central Government.";
(g)
in
sub-rule (24), the words, brackets and figures "with respect to sub-rule
(4) of rule 10" shall be omitted.
Rule - 8.
In
rule 14 of the said rules, after sub-rule (5), the following sub-rule shall be
inserted, namely:-
"(6) Central Government may by order relax timelines under this rules
upto nine months for filing of returns by producer, recycler and refurbisher
under the rules and modalities for effective implementation of the
rules.".
Rule - 9.
In
rule 15 of the said rules, after sub-rule (5), the following sub-rule shall be
inserted, namely:-
"(6) The Committee shall meet at least once in six months and submit its
report to the Central Government.".
Rule - 10.
In
Schedule -I to the said rules, -
(a)
in
paragraph 1, for clause (ii), the following clause shall be substituted,
namely:-
"(ii) portable Battery that contains up to 0.002% (20 ppm) of cadmium by
weight shall only be placed;";
(b)
in
paragraph 2, after clause (i), the following clause shall be inserted, namely:
-
"(ia) producers shall, on or
before the 31st March, 2025, ensure that all Battery or Battery packs produced
are appropriately marked with Extended Producer Responsibility registration
number issued under rule 4.".
Rule - 11.
In
Schedule II to the said rules, -
(a)
in
clause (v), for the words "as well", the words "in accordance
with the allocated target" shall be substituted;
(b)
for
clause (x), the following shall be substituted, namely: -
"(x) For Electric Vehicles Battery of three wheelers, including
E-rickshaw, categories L5, L5- M, L5-N, E-cart as defined under the Central
Motor Vehicle Rules, 1989, the mandatory waste battery collection, recycling or
refurbishment targets are as under:-
Table
|
No.
|
Compliance cycle
|
Year
|
Mandatory Waste Battery collection
target and 100% of refurbishment or recycling of the collection target
(Weight)
|
Mandatory
Waste Battery collection target, and 100% refurbishment and/or recycling
target for every seven year cycle (Weight)
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
(i)
|
2026-27
till 2032-33
|
2026-2027
|
Minimum
70% of the quantity of
Battery placed in the market in 2021-22.
|
Collection
of 100% Waste Battery and of 100% of refurbishment or recycling shall be
mandatory by end of seven year compliance cycle (end of 7th year) against the
Battery placed in the market during seven year compliance cycle.
However,
there may be a carry forward of up to 60% of the average quantity of Battery
placed in the market per year during the seven year cycle to the next
compliance cycle.
|
|
(ii)
|
2027-2028
|
Minimum
70% of the quantity of
Battery placed in the market in 2022-23.
|
| |
(iii)
2028-2029
|
Minimum
70% of the quantity of
Battery placed in the market in 2023-24.
|
| |
(iv)
2029-2030
|
Minimum
70% of the quantity of
Battery placed in the market in 2024-25.
|
| |
(v)
2030-2031
|
Minimum
70% of the quantity of
Battery placed in the market in 2025-26.
|
| |
(vi)
2031-2032
|
Minimum
70% of the quantity of
Battery placed in the market in 2026-27.
|
| |
(vii)
2032-2033
|
Minimum
70% of the quantity of
Battery placed in the market in 2027-28.
|
| |
(viii)
2033-34
till 2039-40 and onwards
|
2033-2034 and onwards
|
Minimum
70% of the quantity of
Battery placed in the market
in the 5th preceding
financial year (i.e. 2028-29) and onwards
|
Collection
of 100% Waste Battery and of 100% of refurbishment or recycling shall be
mandatory by end of seven year compliance cycle (end of 7th year) against the
Battery placed in the market during seven year compliance cycle.
However,
there may be a carry forward of up to 60% of the average quantity of Battery
placed in the market per year during the seven year cycle to the next
compliance cycle.
|
(c)
in
clause (xii), in the table, against Sl.No. (xi), in column (4), in the entries,
for the figures "80%", the figures "70%" shall be
substituted.
Rule - 12.
In
Form 1(A) of the said rules, in the heading, the words "or renewal"
shall be omitted.
Rule - 13.
For
Form 1(B) of the said rules, the following Form shall be substituted, namely:-
"Form 1(B)
(see rules 4, 11)
FORMAT FOR GRANT OF REGISTRATION TO
PRODUCERS
Ref.:
Your application number for registration dated ................
Registration
No.: ................
M/s-----------------
is hereby granted one-time registration as Producer of waste Battery in line
with provisions under Battery Waste Management Rules, 2022. Any violation of
the provision(s) of the Battery Waste Management Rules, 2022 will attract the
penal provision of the Environment (Protection) Act, 1986 (29 of 1986).
(Member
Secretary)
Central
Pollution Control Board";
Rule - 14.
In
Form 1(C) of the said rules,-
(i)
in
the heading, for the words "Extended Producer Responsibility plan",
the words "return regarding Battery placed in market" shall be
substituted;
(ii)
in
the Table, against Sl. No. 6, -
(A)
in
column (2), for the entries, the following entries shall be substituted,
namely: -
"Type
of Battery placed in the market, including the Battery put to self-use, with
brand name and the total number and weight of the Battery, as well as dry
weight of Battery";
(B)
in
column (3), after the words "total" the words, "number and"
shall be substituted.
Rule - 15.
For
Form 3 of the said rules, the following Form shall be substituted, namely: -
"Form 3
(see rule 4)
[Annual returns to be submitted by
Producer by 30th day of June of the following financial year]
|
1.
|
Name of
Producer
|
|
|
2.
|
Registered
address of Producer, website address
and contact details
|
|
|
3.
|
Name of
the authorised person(s) and full address with e-mail, landline telephone
number and
mobile number
|
|
|
4.
|
Details of
Battery placed in the market of the year, on which Extended Producer
Responsibility target is calculated
|
Sl.No.
|
Financial Year
|
Type of Battery
|
Quantity of Battery sold
|
|
No.
|
Total weight
|
Dry weight of Battery material
|
|
1.
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
4.
|
|
|
|
|
|
|
5.
|
Details of
Extended Producer Responsibility obligation(s) and the Battery collected and
refurbished or recycled for which the return is being filed
|
1.Extended
Producer Responsibility obligation(s),
2.Weight
of Battery material refurbished or recycled
3. Weight
of Battery material recovered
4. Details
of disposal
|
|
6.
|
Details of
Extended Producer Responsibility certificates
|
No. of
certificates recycler or refurbisher-wise
|
|
7.
|
Details of
pre-consumer waste battery and ways of disposal (recycling/other ways of
disposal
including final disposal)
|
|
Note:
EPR target compliance includes Battery put to self-use.
Signature
of the authorised person:
Place:
Date:".