Battery Waste Management Rules, 2022

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 22nd August, 2022

S.O. 3984(E).- Whereas the Battery Waste Management Rules, 2020 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), vide S.O. 770(E), dated the 20th February, 2020 inviting objections and suggestions from all persons before the expiry of sixty days from the date on which copies of the Gazette containing the said draft provisions were made available to the public;

And, whereas all the objections and suggestions received have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1), clause (v) and clause (vii) of subsection (2) of section 3, sub-section (1), clause (c) and clause (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), and in supersession of the Batteries (Management and Handling) Rules, 2001, except as respect things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

1. Short title and commencement. – (1) These rules may be called the Battery Waste Management Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application. –(1) These rules shall apply to, –(i) Producer, dealer, consumer, entities involved in collection, segregation, transportation, re-furbishment and recycling of Waste Battery;

(ii) all types of batteries regardless of chemistry, shape, volume, weight, material composition and use.

(2) These rules do not apply to Battery used in, – (i) equipment connected with the protection of the essential security interests including arms, ammunitions, war material and those intended specifically for military purposes;

(ii) equipment designed to be sent into space.

3. Definitions. – (1) In these rules, unless the context otherwise requires, –

(a) Act‘ means the Environment (Protection) Act, 1986 (29 of 1986);

(b) ‘Automotive battery’ means any Battery used only for automotive starter, lighting or ignition power;

(c) ‘Battery‘ means new or refurbished cell and/or Battery and/or their component, including accumulator, which is any source of electrical energy generated by direct conversion of chemical energy and includes disposable primary and/or secondary battery;

(d) ‘Battery pack’ means any set or module of cells and/or Battery that are connected or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;

(e) ‘Battery materials’ means materials contained in the Battery include metals such as nickel, cobalt, lead, lithium, and other materials such as plastics, paper, etc.;

(f) ‘Cell’ means basic functional unit consisting of an assembly of electrodes, electrolyte, container, terminals and separators that is source of energy generated by direct conversion of chemical energy and incudes primary and/or secondary cell;

(g) ‘Central Pollution Control Board’ means the Central Pollution Control Board as constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(h) ‘consumer’ means end user of Battery;

(i) ‘disposal‘ means any operation which does not lead to reuse, recovery, refurbishing or recycling and inter-alia include physico-chemical and/or biological treatment and/or deposition in secured landfill;

(j) ‘Electric vehicle battery’ means any Battery specifically designed to provide traction to hybrid and electric vehicles for road transport;

(k) ‘End of Life battery’ means Battery which have been used, completed its intended use and is not meant for refurbishment;

(l) ‘Environmentally sound management’ means management of Waste Battery in a manner to protect human health and environment against any adverse effects, which may result from any substance contained in Waste Battery. These may include refurbishment, and/or recycling;

(m) ‘Extended Producer Responsibility’ means responsibility of any Producer of Battery for Environmentally sound management of Waste Battery;

(n) ‘Extended Producer Responsibility Registration’ means a registration by Central Pollution Control Board of a Producer for Extended Producer Responsibility;

(o) ‘Facility‘ means any location wherein the process incidental to the collection, storage, segregation, refurbishing, recycling disposal of Waste Battery is carried out;

(p) ‘Form‘ means Forms appended to these rules;

(q) ‘Hazardous waste’ means hazardous waste as defined under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

(r) ‘Industrial battery’ means any Battery designed for industrial uses, excluding Portable battery, Electric vehicle battery and Automotive battery. These may include sealed Battery (excluding potable battery); unsealed Battery (excluding automotive Battery) and energy storage system Battery;

(s) ‘Manufacturer’ means a person or an entity or a company as defined in the Companies Act, 2013 (18 of 2013) or a factory as in the Factories Act, 1948 (63 of 1948) which has facilities for manufacturing of Battery and/or its components;

(t) ‘Portable battery’ means Battery that is sealed, less than five kilograms, not made for industrial purposes, electric vehicle or to be used as an Automotive Battery;

(u) ‘Producer’ means an entity who engages in:

(i) manufacture and sale of Battery including refurbished Battery, including in equipment, under its own brand; or

(ii) sale of Battery including refurbished Battery, including in equipment, under its own brand produced by other manufacturers or suppliers; or

(iii) import of Battery as well as equipment containing Battery;

(v) ‘Public Waste Management Authorities’ for the purpose of these rules means Village Panchayat, Municipal Corporation, Municipality and agencies engaged on their behalf.

(w) ‘Recycler’ means entity engaged in recycling of Waste Battery;

(x) ‘Refurbishment’ means repairing, re-conditioning, re-purposing of used Battery for its second life;

(y) ‘Refurbisher’ means entity engaged in refurbishment;

(z) ‘Schedule‘ means Schedule appended to these rules;

(za) ‘State Pollution Control Board’ means the State Pollution Control Board constituted under Section 4 of Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and includes in relation to Union territory, the Pollution Control Committee;

(zb) ‘Storage’ means storage of Waste Battery;

(zc) ‘Treatment’ means an activity carried out on Waste Battery for recycling;

(zd) ‘Used battery’ means Battery and/or its components which have been used and have residual life and suitable for refurbishment;

(ze) ‘Waste Battery’ includes:

- - Used and/or End of Life Battery and/or its components or spares or parts or consumables which may or may not be hazardous in nature;
  - Pre-consumer Off-Spec Battery and its components or spares or parts or consumables;
  - Battery whose date for appropriate use has expired;
  - Battery which have been discarded by the user.

(2) Words and expressions not defined in these rules will have the same meaning as defined in the Environment (Protection) Act, 1986.

4. Functions of Producer. – (1) Producer shall have the obligation of Extended Producer Responsibility for the Battery that they introduce in the market to ensure the attainment of the recycling or refurbishing obligations.

(2) Producer shall meet the collection and recycling and/or refurbishment targets as mentioned in Schedule II for Battery made available in the market.

(3) Waste Battery collected by the Producer shall be sent for recycling or refurbishing and shall not be sent for landfilling or incineration.

(4) The person or an entity involved in manufacturing of Battery shall have to register through the online centralised portal as Producer in Form 1(A). The certificate of registration shall be issued in Form 1(B).

(5) Producer shall file for renewal of registration in Form 1(A) before sixty days of its expiry.

(6) Producer shall inform the Central Pollution Control Board of any changes to the information contained in the Extended Producer Responsibility Registration and of any permanent cessation as regards to the making available on the market of the Battery referred to in the Extended Producer Responsibility Registration.

(7) Producer shall provide Extended Producer Responsibility plan in the Form 1(C) to Central Pollution Control Board by 30th June of every year for the Battery manufactured in the preceding financial year. It shall contain information on the quantity, weight of Battery along with the dry weight of Battery materials through the centralised portal.

Battery Waste Management Rules, 2022

(8) Producer shall submit an Extended Producer Responsibility Plan in Form 1(C) to Central Pollution Control Board for the Battery manufactured in FY 2022-23 within three months of the publication of these rules.

(9) In order to develop a separate waste stream for collection of Waste Battery for fulfilling Extended Producer Responsibility obligations, the Producer, may operate schemes such as deposit refund system or buy back or any other model.

(10) In order to meet the obligations of Extended Producer Responsibility, the Producer may engage itself or authorise any other entity for collection, recycling or refurbishment of Waste Battery. However, the obligations of meeting the Extended Producer Responsibility targets shall remain with the Producer.

(11) Producer shall file annual returns in Form 3 regarding the Waste Battery collected and recycled or refurbished towards fulfilling obligations under Extended Producer Responsibility with the Central Pollution Control Board and concerned State Pollution Control Board in Form 3 by 30th June of the next financial year. The details of the registered recyclers from whom the Extended Producer Responsibility certificates have been procured shall also be provided.

(12) It shall be the responsibility of a Producer to, –

(i) adhere to prohibitions and labelling requirements as prescribed in Schedule I;

(ii) ensure safe handling of Battery or Waste Battery such that no damage to human health and environment occurs.

(13) Producer shall bring to the notice of the Central Pollution Control Board or State Pollution Control Board of violations of these rules by any entity involved in handling and management of Waste Battery.

(14) Producer shall have the obligation with respect to the minimum use of domestically recycled materials in new Battery as per the Table below. The assessment of the minimum use of the recycled materials in Battery shall be in respect of the total dry weight of Battery. In case of imported Battery, the Producer shall have to meet the obligation of the minimum use by way of getting such quantity of recycled materials utilised by other businesses or by way of exporting such quantity of recycled materials.

TABLE

S.No.	Type of Battery	Minimum use of the recycled materials out of total dry weight of a Battery (in percentage)
S.No.	Type of Battery	2027-28	2028-29	2029-30	2030-3 1 and onwards
1.	Portable	5	10	15	20
2.	Electric Vehicle	5	10	15	20
		2024-25	2025-26	2026-27	2027-28 and onwards
3.	Automotive	35	35	40	40
4.	Industrial	35	35	40	40

(15) Producer shall not deal with any other entity not having registration mandated under these rules.

5. Functions of Consumer. – (1) It will be the responsibility of consumer, –

(i) to discard Waste Battery separately from other waste streams especially from mixed waste, domestic waste streams;

(ii) to ensure that Waste Battery are disposed off in an environment friendly manner by giving it to an entity engaged in collection or refurbishment or recycling;

6. Functions of Public Waste Management Authorities. – (1) Public Waste Management Authorities will hand over collected Waste Battery to the producers or agencies acting on their behalf or the entity engaged in refurbishment or recycling with a view to refurbishment or recycling of those Waste Battery or carry out their recycling or refurbishment themselves.

7. Functions of entity involved in collection, segregation and treatment. – (1) It shall be the responsibility of entities involved in collection, segregation and treatment to hand over Waste Battery to registered refurbisher or recycler;

(2) It shall be the responsibility of the entity to, –

(i) ensure that a facility is in accordance with the standards or guidelines prescribed by the Central Pollution Control Board;

(ii) carry out any activity in accordance with the guidelines prescribed by Central Pollution Control Board.

8. Functions of Refurbisher. – (1) All refurbishers shall register with State Pollution Control Board on the centralised portal. The certificate of registration shall be issued using the portal in Form 2(B).

(2) It shall be the responsibility of the Refurbisher to, –

i. make an application in Form 2(A) to the State Pollution Control Board for grant of one-time registration;

ii. ensure that it carries out any activity in accordance with the guidelines prescribed by Central Pollution Control Board;

iii. ensure that hazardous waste generated from any activity of the entity is managed as per the provisions under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016;

iv. ensure that other waste generated during handling and refurbishing activities be managed as per the extant regulations such as Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016;

v. ensure that refurbishment processes and facilities comply with the standards or guidelines prescribed by the Central Pollution Control Board;

vi. ensure that the Waste Battery is removed from collected appliance if Battery is incorporated in an equipment.

(3) Refurbishers shall furnish quarterly returns in Form 4 regarding the information on quantity of used Battery collected or received from various producers or entities, refurbished quantities, quantity of hazardous and/or other waste including solid waste or plastic waste generated after refurbishment and disposal of such quantity as per extant rules and the quarterly return shall be filed by the end of the month succeeding the end of the quarter.

(4) The total quantity of Waste Battery processed by entities involved in refurbishment of Waste Battery, on quarterly basis, will be made available on the centralised portal developed by Central Pollution Control Board and on the websites of the entities.

(5) Refurbisher shall not deal with any other entity not having registration mandated under these rules.

9. Functions of Recycler. – (1) All recyclers shall register with the State Pollution Control Board through the online portal. The certificate of registration shall be issued in Form 2(B).

(2) It shall be the responsibility of the recycler to, –

(i) make an application in Form 2(A) to the State Pollution Control Board for grant of one-time registration;

(ii) ensure that it carries out any activity in accordance with the guidelines prescribed by Central Pollution Control Board;

(iii) ensure that hazardous waste generated from any activity of the entity is managed as per the provisions under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016;

(iv) ensure that other waste generated during handling and recycling activities be managed as per the extant regulations such as Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and E-waste (Management) Rules, 2016;

(v) ensure that recycling processes and facilities for Waste Battery comply with the standards or guidelines prescribed by Central Pollution Control Board;

(vi) ensure that the Waste Battery is removed from collected appliance if Battery is incorporated in an equipment.

(3) Recyclers shall furnish the quarterly returns in Form 4 regarding the information on quantity of Waste Battery collected or received from various producers or entity, recycled quantities, compliance of material-wise recovery percentage as per recovery targets provided under sub-rule 4 of rule 10, quantity of hazardous and/or other waste including solid waste or plastic waste generated after recycling and of such quantity as per as per extant rules and the quarterly return shall be filed by the end of the month succeeding the end of the quarter.

(4) The total quantity of Waste Battery processed by entity involved in recycling of Waste Battery, on quarterly basis, will be made available on the portal developed by Central Pollution Control Board and on the websites of the entities.

(5) Refurbisher shall not deal with any other entity not having registration mandated under these rules.

10. Provision of Certificate for Waste Battery. – (1) Entities involved in refurbishment and/ or recycling of Waste Battery, registered under these rules shall provide certificate for Waste Battery processing.

(2) In no case, the amount of Waste Battery recycled or refurbished by the entity shall be more than installed capacity of the entity. These certificates will be for Waste Battery category-wise and shall include Goods and Services Tax data of the entity.

(3) The certificate for Waste Battery provided by registered entities shall be provided for the type and quantity of Battery refurbished or recycled and can be transacted for meeting Extended Producer Responsibility obligations. Central Pollution Control Board will provide for the issuance of such certificates on the online portal.

(4) Recovery of minimum percentage target is the percentage of total weight of all recovered materials out of dry weight of the Battery and recyclers shall be mandated for minimum recovery of Battery materials as mentioned in the Table below.

TABLE

S.No.	Type of Battery	Recovery target for the year in percentage
S.No.	Type of Battery	2024-25	2025-26	2026-27 and onwards
1.	Portable	70	80	90
2.	Automotive	55	60	60
3.	Industrial	55	60	60
4.	Electric Vehicle	70	80	90

Note : Maximum recovery target is subject to the percentage of non-recoverable hazardous material content in the Battery. It would mean the reduction of recovery target by the same percentage of the hazardous material present in the Waste Battery.

(5) The recovery target may be reviewed by the Committee constituted under rule 15 once every four years to revisit the minimum levels of recovered Battery materials in light of technical and scientific progress and emerging new technologies in waste management, and the Committee would recommend to Ministry of Environment, Forest and Climate Change in this regard.

(6) Extended Producer Responsibility certificates will be generated by Central Pollution Control Board through the centralised online portal based on the recycled or refurbished quantities and assigned to recyclers or refurbishers. The recyclers or refurbishers can sell the assigned Extended Producer Responsibility certificates to Producer in exchange of Waste Battery.

(7) Extended Producer Responsibility certificates for recyclers and refurbishers shall be generated based on weight of Battery processed, percentage fulfilment of material recovery targets for specified year and geographical source of Battery such as domestic or imported.

(8) The following formula shall be used to estimate the Extended Producer Responsibility certificates for recyclers:

Extended Producer Responsibility certificates (kg) = (Actual recovery of Battery materials in percentage / Recovery target for specified year of the Battery type in percentage) x quantity of Battery processed (kg) x (1-A).

Note: A=0 for Waste Battery generated domestically and A=0.2 for Waste Battery sourced through imports allowed under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

(9) Surplus Extended Producer Responsibility certificates in a category can only be used for off-setting, carry forward and sale for the same category of Battery.

(i) a surplus Extended Producer Responsibility certificate under recycling can be used for recycling. A surplus
under refurbishing cannot be used for recycling.

(10) A Producer can meet its Extended Producer Responsibility obligation under a category by purchasing surplus Extended Producer Responsibility certificates from other producers of the same category of Battery.

(11) A Producer can purchase Extended Producer Responsibility certificates limited to its Extended Producer Responsibility liability of current year plus any leftover liability of preceding years plus ten percent of the current year liability.

(12) Extended Producer Responsibility certificates purchased by the Producer will be automatically adjusted against their liability.

(i) priority in adjustment will be given to earlier liability;

(ii) Extended Producer Responsibility certificates used by Producer to meet Extended Producer Responsibility obligations shall not be exchanged again.

(13) All such transactions shall be recorded and submitted by the refurbishers or recyclers on the online portal at the time of filing quarterly returns.

(14)Extended Producer Responsibility certificates generated by refurbisher or recycler shall be valid for a period of seven years for meeting the obligations of Producer.

11. Functions of Central Pollution Control Board. – (1) The Central Pollution Control Board shall register Producer through online portal in Form 1(B).

(2) The Central Pollution Control Board may determine the fee for processing of applications for registration as well as returns.

(3) The registration shall be done within two weeks from the submission of a completed application.

(4) The registration of Producer shall be valid for a period of five years.

(5) Central Pollution Control Board shall share Extended Producer Responsibility plan of the Producer and registration details of Producer with State Pollution Control Board.

(6) Central Pollution Control Board shall renew the registration upon submission of Form 1(A).

(7) Central Pollution Control Board shall suspend and/or cancel the registration, and/or impose Environmental Compensation, in case of non-compliance of Extended Producer Responsibility obligations as per Schedule II after giving reasonable opportunity of being heard.

(8) Central Pollution Control Board shall ensure compliance of these rules by Producer including those who supply Battery by means of distance contracts.

(9) Central Pollution Control Board shall ensure that registration or renewal is done unless otherwise suspended and/or cancelled under these rules and deemed to be issued if not objected within two weeks.

(10) Central Pollution Control Board or through a designated agency shall verify compliance by Producer through inspection and periodic audit.

(i) Central Pollution Control Board, as required, can also verify compliance by entity involved in refurbishment or recycling of Waste Battery through inspection and periodic audit.

(ii) the actions against violations and for non-fulfilment of obligations under these rules including Extended Producer Responsibility obligations shall be as per rule 13.

(iii) in case of entity operating with a State or Union Territory, Central Pollution Control Board may, if required, direct State Pollution Control Board to take action.

(11) Central Pollution Control Board shall carry out audit of data, including using information from Goods and Services Tax Network portal, by itself or a designated agency, of the registered entity under these rules.

(12) Central Pollution Control Board shall suspend and/or cancel the registration of Producer, and/or impose Environmental Compensation in case of violation of these rules by the registered entity.

(13) Appeal made against the orders of Central Pollution Control Board regarding suspension or cancellation of registration of Producer lies with the Ministry of Environment, Forest and Climate Change and will be disposed off within forty-five days after the submission of the appeal.

(14) The Joint Secretary or the officer equivalent in the Ministry of Environment, Forest and Climate Change shall be designated as an Appellate Authority.

(i) the appeal shall be made by the appellant to the designated Appellate Authority in writing and accompanied with a copy of the order appealed against within thirty days from the date of passing of the order.

(15) Central Pollution Control Board shall dispose off an appeal made by the recycler or refurbisher against the order of State Pollution Control Board regarding suspension and /or cancellation of registration of recyclers or refurbishers within thirty days of the receipt of appeal.

(16) The Member Secretary in the Central Pollution Control Board would be designated as an Appellate Authority.

(17) Central Pollution Control Board shall issue guidelines for environmentally sound procedures of collection, storage, transportation, refurbishment, and recycling of Waste Battery.

(18) Central Pollution Control Board shall compile and publish the data received every year from the State Pollution Control Boards.

(19) Central Pollution Control Board shall develop mechanism for exchange of Extended Producer Responsibility certificates on the online portal.

(20) Central Pollution Control Board shall publish the list of Producers who have failed to meet Extended Producer Responsibility targets and obligations on an annual basis.

(21) Central Pollution Control Board shall share the Extended Producer Responsibility Plans and annual returns of Producers.

(22) Central Pollution Control Board will establish a mechanism to ensure a regular dialogue between stakeholders in the fulfilment of obligations under these rules.

(23) Central Pollution Control Board shall constitute an implementation Committee as per rule 15 for the effective implementation of these rules and make recommendations for making it robust.

(i) the Committee shall meet once in six months to submit its report and recommendations to Ministry of Environment, Forest and Climate Change.

(24) Central Pollution Control Board shall carry out review of technologies related to Waste Battery management for techno-economic viability and feasibility specifically with respect to sub-rule (4) of rule 10 on recovery of Battery materials.

(25) Central Pollution Control Board shall issue guidelines about technologies and standards with regard to refurbishment and recycling of Waste Battery.

(26) Central Pollution Control Board will recommend to Ministry of Environment, Forest and Climate Change with regard to the Battery material recovery from recycling based on technological and commercial viabilities.

12. Functions of State Pollution Control Board. – (1) The State Pollution Control Board shall register entity involved in refurbishing and recycling through online portal in Form 2(B).

(i) provision for registration shall be made on the Extended Producer Responsibility portal and the State Pollution Control Board or through a designated agency shall verify compliance of entity involved in refurbishing and recycling of Waste Battery through inspection and periodic audit, as deemed appropriate, in their jurisdiction.

(2) In case the information provided by the entity involved in refurbishment or recycling of Waste Battery is found to be false, the State Pollution Control Board shall suspend and/or cancel the registration up to a period of five years, after giving reasonable opportunity of being heard including actions under rule 13.

(3) The State Pollution Control Board shall bring out a list of entities not fulfilled their Extended Producer Responsibility obligations on annual basis and publish the same.

(i) the State Pollution Control Board shall compile and forward the quarterly reports submitted by entities involved in refurbishing or recycling of Waste Battery to Central Pollution Control Board and publish online.

(4) State Pollution Control Board will ensure a regular dialogue between relevant stakeholders involved in the fulfilment of obligations under these rules.

(5) State Pollution Control Board to submit annual report to Central Pollution Control Board by 30th June every year, regarding effective implementation of these rules.

13. Action on violations and imposition of Environmental Compensation. – (1) Environmental Compensation shall also be levied for the following activities based on polluter pays principle, –

i. entities carrying out activities without registration as mandated under these rules;

ii. providing false information / wilful concealment of material facts by the entities registered under these rules;

iii. submission of forged/manipulated documents by the entities registered under these rules;

iv. entities engaged in collection, segregation, and treatment in respect to not following sound handling of Waste Battery.

(2) These activities, may also be dealt with under the provisions of section 15 of the Environment (Protection) Act, 1986, in case of evasion or violation either by entity itself or help abet any obligated entity evade or violate obligations, after giving an opportunity of being heard.

(3) Committee for Implementation constituted by Central Pollution Control Board under rule 15 shall prepare and recommend guidelines for imposition and collection of Environmental Compensation from producers and entities involved in refurbishment and recycling of Waste Battery, in case of non-fulfilment of obligations under these rules.

(i) the recommended guidelines shall be submitted to Ministry of Environment, Forest and Climate Change for bringing into effect of such Environmental Compensation.

(4) Environmental Compensation shall be levied by Central Pollution Control Board on Producer operating with respect to non-fulfilment of their Extended Producer Responsibility targets, responsibilities and obligations set out in these rules.

(5) Environmental Compensation shall be levied by respective State Pollution Control Board on entities involved in refurbishment or recycling of Waste Battery as well as entities involved in collection, segregation and treatment, operating in their jurisdiction with respect to non-fulfillment of their responsibilities and obligations set out under these rules. In case, the State Pollution Control Board does not take action in sixty days, the Central Pollution Control Board shall issue directions to the State Pollution Control Board.

(6) Payment of Environmental Compensation shall not absolve Producer of Extended Producer Responsibility obligation set out under these rules.

(i) the unfulfilled Extended Producer Responsibility obligation for a particular year will be carried forward to the next year for a period of three years.

(ii) in case the shortfall of Extended Producer Responsibility obligation is addressed within subsequent years within three years, the Environmental Compensation levied shall be returned to the Producer as given below, –

- Within one year of levying of Environmental Compensation: 75 percent return;
- Within two years: 60 percent return;
- Within three years: 40 percent return.

(7) After completion of three years after Environmental Compensation getting due, the entire Environmental Compensation amount shall be forfeited, this arrangement shall allow for collection and refurbishment or recycling of Waste Battery by the concerned entities in later years as well.

(8) The funds collected under Environmental Compensation shall be kept in a separate escrow account by Central Pollution Control Board or State Pollution Control Board.

(i) the funds collected shall be utilised in collection and refurbishing or recycling of uncollected and non-recycled or non-refurbished Waste Battery against which the Environmental Compensation is imposed.

(ii) modalities for utilisation of the funds for Waste Battery management would be recommended by the Committee for Implementation for the approval of Central Government.

(9) Non-fulfilment of obligations set out under these guidelines will attract penal actions under the provisions of section 15 of the Environment (Protection) Act, 1986.

14. Centralised Online Portal. – (1) Central Pollution Control Board shall establish an online system for the registration and filing returns by producers, recyclers, and refurbishers of Waste Battery within six months of commencement of these rules.

(2) The system shall ensure a mechanism wherein the material balance of Waste Battery as per Extended Producer Responsibility obligations of Producers is reflected and it shall also reflect the details regarding the audit of the Producers and entities involved in refurbishing and recycling of Waste Battery.

(3) The State Pollution Control Board shall also use the web portal of Central Pollution Control Board used for registration of Producers, for registering entities involved in refurbishing and recycling of Waste Battery.

(4) The web portal would act as the single point data repository with respect to orders and guidelines related to implementation of these rules.

(5) Producer may facilitate the development of online portal.

15. Committee for Implementation. – (1) A Committee shall be constituted by the Central Government under chairpersonship of Chairman, Central Pollution Control Board to recommend measures to Ministry of Environment, Forest and Climate Change for effective implementation of these rules.

(2) The Committee shall monitor the implementation of these rules and also take such measures as required for removal of difficulties.

(3) The Committee shall also be tasked with the guiding and supervision of the development and operation of the online portal.

(4) Any modifications in the forms attached to these rules may be undertaken by the Committee with the approval of the Central Government.

(5) The Committee shall comprise of representatives from Ministry of Electronics and Information Technology, Department of Promotion of Industry and Internal Trade, Ministry of Housing and Urban Affairs, Ministry of Micro, Small and Medium Enterprise, Ministry of New and Renewable Energy, Department of Chemicals and Petrochemicals, Organisations such as Central Pollution Control Board, State Pollution Control Boards, National Environmental Engineering Research Institute and stakeholders such as associations representing producers, recyclers and refurbishers, and any other stakeholder as invited by the chair of the Committee.

[F. No. 12/36/2019-HSMD]

NARESH PAL GANGWAR, Addl. Secy.

Schedule I
Prohibitions and Labelling Requirements

1. Prohibitions on heavy metal content in the Battery

(i) Battery that contains up to 0.0005% (5 ppm) of mercury by weight may only be placed till 2025;

(ii) Battery that contains up to 0.002% (2000 ppm) of cadmium by weight may only be placed;

(iii) paragraph (1)(i) shall not apply to button zinc silver oxide Battery with a mercury content < 2% and button zinc air Battery with a mercury content < 2% by weight.

(iv) prohibition in paragraph (1)(ii) shall not apply to a portable Battery intended for use in, –

A. emergency and alarm systems, including emergency lighting;

B. medical equipment

2. Labelling requirements

(i) producers shall ensure that all Battery or Battery packs are appropriately marked with requisite labelling requirements as per standards prescribed by Bureau of Indian Standards.

(ii) all requisite labels and symbols shall be printed visibly, legibly and indelibly.

(iii) no person shall place on the market any Battery or Battery pack unless it is marked with the ―crossed out wheeled bin symbol‖ as shown in Figure I covering at least 3% of the area of the largest side of the Battery or Battery pack, up to a maximum size of 5 cm x 5 cm). In the case of cylindrical cells, the crossed out wheeled bin symbol shall cover at least 1.5% of the surface area of the Battery or Battery pack, up to a maximum size of 5 cm x 5 cm.

(iv) where the size of the Battery or Battery pack is such that the crossed out wheeled bin symbol would be smaller than 0.5 cm x 0.5 cm, the Battery or Battery pack need not be marked but a crossed out wheeled bin symbol measuring at least 1 cm x 1 cm shall be printed on the packaging.

(v) no person shall place on the market a Battery or a button cell containing mercury, cadmium or lead unless it is marked with the respective chemical symbol “Hg”; “Cd” or “Pb”. The symbol of the heavy metal shall, –

A. be printed beneath the symbol shown in Figure I; and

B. cover an area of at least one-quarter the size of the crossed out wheeled bin symbol as indicated below:

Download Schedule II & Forms