Speaker: Mr Sanjiv Kumar, Re Sustainability Limited

September 11, 2022, Sunday; 12 noon - 1 pm

The 2001 battery rules were mainly focused on lead acid batteries. The new rules cover all types of batteries – electric vehicle batteries, portable batteries, automative batteries and industrial batteries.

• The draft rules were shared in 2020 and they came into effect from 27^th August, 2022. They replace the 2001 Batteries (Management and Handling) Rules.
• These new rules have come after a gap of two decades.
• These rules function on the concept of Extended producer responsibility (EPR). The responsibility of collection and recycling/refurbishment of waste batteries and use of recovered materials from wastes into new batteries lies with producers, importers and brand owners (PIBO).
• The objective is that every part of the battery is recovered, reused and recycled. Only the reject should go for disposal to secured landfill and not to MSW dumping grounds.
• The aim is to also ensure alignment with other rules that are coming up so that the system of Atmanirbhar Bharat is also in place by setting up new industries and entrepreneurship for collection, transportation and refurbishment of waste batteries by way of new technologies and investment.
• The rules also enable setting up a mechanism and centralized online portal for exchange of EPR certificates between producers and recyclers or refurbishers to fulfil the obligations of producers.
• The rules facilitate online registration and reporting, auditing and formation of a committee to monitor the implementation of the rules.
• The rules also work on the principle of Polluter pays Principle. Environmental compensation (EC) will be imposed for nonfulfillment of EPR targets, responsibilities and obligations set out in the rules.
• The funds collected under EC are to be utilized in collection and refurbishing or recycling of uncollected and non-recycled waste batteries. However, how it is to be used is not so clearly defined.
• The 2001 rules were more to create awareness, while the new rules are about creating a robust mechanism or steps as to how to execute the same.
• The 2022 rules apply to produce, dealer, consumer and entities involved in collection, segregation, transportation, refurbishment and recycling of waste battery. They cover all types of batteries regardless of shape, chemistry, volume, weight, composition and use. However, batteries used in equipment connected with the protection of the essential security interests and those specifically meant for military purposes or equipment designed to be sent into space are exempt from the new rules.
• The new rules have laid down responsibilities and functions of different stakeholders such as the producer, consumer, public waste management authorities, refurbisher, recycler, CPCP and SPCB. The 2001 Rules had defined the functions of the manufacturer, importer, assembler and reconditioner.
• It is the responsibility of the producer to ensure the attainment of the batteries they introduce in the market for their recycling or refurbishment obligations.
• The producer shall be completely accountable to meet their EPR. Year-wise targets have been defined for EPR for all types of batteries, if they are achievable.
• The producer has to register through an online centralized portal as the producer. He has to provide an EPR plan to the CPCB every year for the battery manufactured in the preceding financial year.
• Different schemes may be considered such as buy back or deposit for collection of the waste battery. It is left to the producer or dealer to decide which to use. 
• To prevent somebody from absconding with the deposit money, a document can be issued at the time of purchase of a battery that can be encashed in any post office to get back the deposit.
• They also have to submit an annual return with regard to the waste battery collected or refurbished.
• Consumers have the responsibility to discard battery waste separately from other wastes such as mixed waste, domestic waste. They should handover the battery waste to entities engaged in their collection/refurbishment or recycling.
• It is the duty of the entities involved in collection, segregation and treatment to hand over the waste battery to the recycler or refurbisher registered with the SPCB.
• The recycler or refurbisher have the responsibility to ensure that the hazardous waste generated during the process of refurbishment (dismantling of batteries and recovery of metals) is strictly managed according to the Hazardous Waste Management Rules, 2016 and other wastes as per the Solid Waste Management (SWM) 2016 and Plastic Waste Management Rules (PWM) 2016 as the process can be harmful to the health of the workers.
• The 2022 rules talk of public waste management authority. However, they do not generally engage in private waste collections. The rules also say that the PIBOs can engage any entity. The rules are not very clear on how the PWMA and PIBOs will be engaged.
• There is also a need for waste audit; the rules are not very clear on this important issue.
• The manufacturers are expected to establish collection centers for collection of used batteries from dealers and consumers. They have to ensure the batteries collected are transported safely to the registered recyclers. They have to annually report sales and buybacks to the CPCB and SPCB. 
• These rules pose many potential problems and challenges, which need to be debated such as the incentive to follow the rules is not explicitly mentioned. The rules fail to establish any regulatory standards for testing and classifying used batteries that have a secondary life and could still be used in other applications such as in households or energy backups.
• Energy conservation through storage batteries will have huge manufacturing potential and increase employment.
• There is not provision for a separate license for handling on lead acid batteries, separate from e waste and there is no reduced minimum requirement for entry into the recycling of the lead acid batteries.
• Lot of research is required for lead acid batteries
• For effective implementation of the new battery waste management rules, there have to be demand measures, policy support, incentivising and financing.
• An inventory of how much is being produced is needed as in the coming years, battery waste is going to increase because of the use of electric vehicles and electronic devices. We have not been able to determine the per capita e waste and electric waste.
• Integration of the various waste management rules is required.
• Putting the rules in place without having any benefit for the manufacturer or recycler leads to noncompliance.
• Strengthening of SPCB is very important.
• All waste management rules need to be critically assessed if their objectives have been achieved and identify gaps, if any. The new rules should be reviewed to see that they do not suffer from these gaps.
• Creating awareness for consumers is very important. The Ministry needs to work on this. 
• Health and environmental aspects of hazardous waste are intertwined. Being a technical subject, it requires lot of need-based research. However, environmental research has been neglected over the years.
• Whenever an amendment is made in the rules, its implementation must be covered, whether the responsibility allocation is completely unchallengeable.

Participants

Dr Anil Kumar

Mr Paritosh Tyagi

Dr Dipankar Saha

Mr Sanjiv Kumar

Dr SK Gupta

Mr Neeraj Tyagi

Mr Pankaj Kapil

Mr Rajeev Sharma

Mr RN Jindal

Prof Meenakshi Dhote

Mr Yash Sharma

Mr Achal Kumar

Mr Ankit Kumar

Mr Swabrinto Chatterjee

Dr S Sharma