News Highlights
The draft of a new regulation to replace the current E-waste Management Rules, 2016 has upset a critical link in India’s electronic waste collection system and threatens the livelihood of thousands.
Background
- In May 2022, the Union Ministry of Environment, Forest and Climate Change announced a draft of a new regulation to replace the current E-Waste (Management) Rules, 2016.
E-waste Management Rules, 2016:
- The Ministry of Environment notified the E-Waste Management Rules, 2016 in March 2016 in supersession of the e-waste (Management & Handling) Rules, 2011.
- Goods covered under the Act
- The new E-waste regulations added Compact Fluorescent Lights (CFLs), other mercury-containing lamps, and other similar devices, tightening the standards.
- Extended Producer Responsibility
- For the first time, the rules brought the producers under Extended Producer Responsibility (EPR), along with targets.
- Producers have been made responsible for E-waste collection and its exchange.
- Producer Responsibility Organization (PRO)
- Different producers can each establish their Producer Responsibility Organization (PRO) to handle the collection and environmentally responsible disposal of e-waste.
- A deposit Refund Scheme was introduced.
- Under this scheme, the producer charges a deposit in addition to the price of the electrical and electronic equipment at the time of sale and returns it to the customer, along with interest, when the end-of-life electrical and electronic equipment is returned.
- Role of State government
- State governments now have a role in ensuring the welfare, skill advancement, and safety of the labourers engaged in recycling and dismantling operations.
- Urban Local Bodies (Municipal Committee/Council/Corporation) has been assigned the duty to collect and channelize the orphan products to authorized dismantlers or recyclers.
- Punishment
- Additionally, a rule-violation punishment provision has been implemented.
Draft Notification for Electronic Waste Management
- This May, the Environment Ministry issued a draft notification that does away with PRO and dismantlers and vests all responsibility of recycling with authorized recyclers, only a handful of whom exist in India.
- Goods Covered:
- A wide range of electronic goods, including laptops, landline and mobile phones, cameras, recorders, music systems, microwaves, refrigerators, and medical equipment, have been specified in the notification.
- Extended Producer Responsibility (EPR) certificates.
- These certificates certify the quantity of e-waste collected and recycled in a particular year by a company. An organization may sell surplus quantities to another company to help it meet its obligations.
- The earlier rules stressed collection targets, whereas the new one emphasised EPR, recycling and trading.
- This follows from the government’s objective to promote a circular economy,”
- Online Portal Registration
- Companies must register online and specify their annual production and e-waste collection targets.
- Implementing Authority
- Central Pollution Control Board (CPCB), the chief entity that will coordinate the trade of EPR certificates and monitor if companies are meeting their targets
- The Steering Committee (SC), headed by the Chairman of the CPCB, will oversee the overall implementation of these regulations.
- Penalty
- Companies that don’t meet their annual targets will have to pay a fine or ‘environmental compensation, but the draft doesn’t specify the quantum of these fines.
- Those that meet their targets with a year’s delay will be refunded 85% of their fine after two years, 60% and 30% after the second and third year, respectively.
What was the controversy with the new draft ?
- The new draft notification does away with the PROs and dismantlers and vests all responsibility for recycling with authorized recyclers.
- Only a handful of authorized recyclers exist in India
- Recyclers will source a quantity of waste, recycle them and generate electronic certificates.
- Companies can buy these certificates equivalent to their annual committed target and thus do not have to be involved with engaging the PROs and dismantlers.
E-waste in India
- Electronic waste (e-waste) is one of the fastest-growing waste streams in the country.
- The Ministry of Atmosphere estimates that 7,70,000 tons of e-waste were generated in 2018-19 and about a million tons in 2019-20
- E-waste is growing in India at the rate of 10%.
- Primary recycling of e-waste is carried out in the non-formal sector using primitive and hazardous methods.
- Adequate legislative measures and cost-effective, environmentally friendly technological solutions would be needed to address the issue
Existing laws relating to e-waste are:
- Tran’s boundary movement of e-waste is covered under the Basel convention.
- India ratified the way in 1992.
- Environment (Protection) Act, 1986
- This Act being umbrella legislation, dealt indirectly with e-waste as it deals with hazardous substances.
- Hazardous Waste Management and Handling Rules 1989,
- Rules were amended later in 2000 and 2003, with final notification of the Hazardous Waste Management, Handling and Transboundary Movement Rules, 2008.
- Electronic waste management and handling Rules in 2011
- These rules were transported in to tackle the safety and environment-friendly management, transporting, storing, and recycling of e-waste and also to diminish the usage of hazardous substances during the manufacturing of electrical and electronic equipment
- E-waste management Rules, 2016
- The E-Waste Management Rules, 2016 have lately been modified by the Centre 2018 to expedite effective implementation of the environmentally sound management of e-waste
Challenges associated with E-waste Management in India:
- The volume of E-waste generated –
- India stands fifth in e-waste generation producing around 1.7 lakhs metric tonnes per annum.
- Involvement of Child Labor-
- About 4.5 lakh child labourers aged 10-14 are engaged in various E-waste activities without adequate protection and safeguards in different yards and recycling workshops.
- Lack of infrastructure-
- There is a massive gap between present recycling and collection facilities and the quantum of E-waste that is being generated. No collection and take-back mechanisms are in place. There is a lack of recycling facilities.
- Health hazards-
- E-waste contains over 1,000 toxic materials, which contaminate soil and groundwater. Exposure can cause headaches, irritability, nausea, vomiting, and eye pain.
- Lack of incentive schemes-
- No clear guidelines are there for the unorganized sector to handle E-waste. Also, no incentives are mentioned to lure people engaged in adopting a formal path for handling E-waste.
- E-waste imports –
- Cross-border flow of waste equipment into India- 80 per cent of E-waste in developed countries meant for recycling is sent to developing countries such as India, China, Ghana and Nigeria.
Conclusion
- Most of the e-waste is recycled in India in unorganized units, which engage many workforces. Recovery of metals from Printed circuit boards (PCBs) by primitive means is a most dangerous act.
- Proper education, awareness and most importantly, alternative cost-effective technology need to be provided so that better means can be provided to those who earn their livelihood.
- A suitable mechanism needs to be evolved to include small units in the unorganized sector and large teams in the industry organised into a single value chain.
Pic Courtesy: The Hindu
Content Source: The Hindu