Context: 

In November 2022, the Ministry of Environment and Forests further notified a new set of e-waste rules, which will come into force from April 1, 2023. 

About E-Waste:

• E-Waste is short for Electronic-Waste and the term is used to describe old, end-of-life or discarded electronic appliances. 
• According to the Central Pollution Control Board (CPCB), India generated more than 10 lakh tonnes of e-waste in 2019-20, an increase from 7 lakh tonnes in 2017-18. Against this, the e-waste dismantling capacity has not been increased from 7.82 lakh tonnes since 2017-18.
• The first set of e-waste Rules was notified in 2011 and came into effect in 2012. 
• An important component of the Rules (2011) was the introduction of Extended Producer Responsibility (EPR). 
  • Under EPR compliance, ‘producers’ are responsible for the safe disposal of electronic and electric products once the consumer discards them. 

Threats posed by e-Waste:

• Hazardous Substances: The e-waste stream contains hazardous substances such as lead, PCBs PBBs mercury, PBDEs, brominated flame retardants (BFRs). 
• Impacts Vital Human Organs:  E-waste releases harmful chemicals, on burning, which adversely impacts human blood, kidney and the peripheral nervous system. 
• Pollutes Water: When it is thrown in landfills, the chemicals seep in the ground water affecting both land and sea animals. 

E-Waste Management Rules, 2016:

• The Ministry of Environment, Forest and Climate Change notified the E-Waste Management Rules, 2016 in supersession of the E-waste (Management & Handling) Rules, 2011.
• Over 21 products (Schedule-I) were included under the purview of the rule. It included Compact Fluorescent Lamp (CFL) and other mercury containing lamps, as well as other such equipment.
• For the first time, the rules brought the producers under Extended Producer Responsibility (EPR), along with targets. Producers have been made responsible for the collection of E-waste and for its exchange.
• Various producers can have a separate Producer Responsibility Organisation (PRO) and ensure collection of E-waste, as well as its disposal in an environmentally sound manner.
• Deposit Refund Scheme has been introduced as an additional economic instrument wherein the producer charges an additional amount as a deposit at the time of sale of the electrical and electronic equipment and returns it to the consumer along with interest when the end-of-life electrical and electronic equipment is returned.
• The role of State Governments has been also introduced to ensure safety, health and skill development of the workers involved in dismantling and recycling operations.
• A provision of penalty for violation of rules has also been introduced.
• Urban Local Bodies have been assigned the duty to collect and channelize the orphan products to authorised dismantlers or recyclers.

E-waste (management) rules 2022:

• Restricted the use of hazardous substances (such as lead, mercury, and cadmium) in manufacturing electrical and electronic equipment that have an adverse impact on human health and the environment.
• Increased the range of electronic goods covered e.g., laptops, mobile, cameras etc.
• Targets fixed: Producers of electronic goods have to ensure at least 60% of their electronic waste is collected and recycled by 2023 with targets to increase them to 70% and 80% in 2024 and 2025, respectively. Companies will report these on an online portal.

• Extended Producer Responsibility Certificates (similar to carbon credit mechanism): This will allow the offsetting of e-waste responsibility to a third party.
• ‘Environmental compensation’ to be provided by the companies that don’t meet their target.
• Role of State Governments: They will earmark industrial space for e-waste dismantling and recycling facilities, undertake industrial skill development and establish measures for protecting the health and safety of workers engaged in the dismantling and recycling facilities for e-waste.

• Role of manufacturers:

• • Make the end product recyclable
  • A component made by different manufacturers be compatible with each other
• Role of Central Pollution Control Board: It shall conduct random sampling of electrical and electronic equipment placed on the market to monitor and verify the compliance of reduction of hazardous substances provisions.

Loopholes in the new Rules:

• Two important stages of ‘efficient’ e-waste recycling are 

• • ‘Component recovery’ (adequate and efficient recoveries of rare earth metals in order to reduce dependence on virgin resources)
  • ‘Residual disposal’ (safe disposal of the leftover ‘residual’ during e waste recycling).
• It does away with PRO and dismantlers and vests all the responsibility of recycling with authorised recyclers; they will have to collect a quantity of waste, recycle them and generate digital certificates through the portal. This move seems to be a bit myopic. 
• Fresh challenges might emerge as companies are no longer required to engage with PROs and dismantlers, who partially ensured ‘double verification’ in terms of quantity and quality of recycling.
• The informal sector, which plays a crucial role in e waste handling, draws no recognition in the new rules.
• Many producers in Delhi have still not set up collection centres and some brands have labelled their head office (located on the outskirts of Delhi) as the ‘only’ collection point. 
• Similarly, formal companies, low in number and clustered in the metropolises, also fail to provide doorstep collection to consumers when the quantum of e waste is not enough to meet their overhead expenses or transport. 
• Consumers lack awareness and information about the existence of any such services.

Way Forward 

• To ensure maximum efficiency, the activities of the recyclers must be recorded in the system and the authorities should periodically trace the quantity of e waste that went for recycling vis-à-vis the ‘recovery’ towards the end.
• There is a need for simultaneous and consistent efforts towards 

• • increasing consumer awareness
  • strengthening reverse logistics
  • building capacity of stakeholders
  • improving existing infrastructure
  • enhancing product designing 
  • rationalising input control (by defining ‘rare earth elements’ as ‘critical raw materials’)
  • adopting green procurement practices. 

• This should be supplemented by establishing a robust collection and recycling system on the ground, making it responsive to meet legislative requirements.
• The e-waste clinic at Bhopal is a pilot project wherein e-waste will be collected door-to-door or could be deposited directly at the clinic in exchange for a fee, which needs to be studied for its success.

News Source: The Hindu