THE GREAT HIMALAYAN ENVIRONMENTAL SYNDICATE

EPR-Battery Waste Authorization for RECYCLING PLANT

  • Covering all the documentation requirements for the battery recycling business
  • End-to-end legal assistance
  • Comprehensive support related to all the queries
  • Liaising with the authorities throughout the process of business establishment

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Introduction

General overview of the battery recycling business

Usually, disposing of old batteries results in vast heaps of waste in the environment. Besides, although batteries are mainly used but these come with several harmful materials. So, disposing of them doesn’t sound good. Thus, a better alternative for throwing your battery away is recycling them. This highlights the need for the battery recycling business.

Overview of battery recycling

The battery recycling business involves the practice of reprocessing and reuse of batteries. The process aims to reduce the number of batteries discarded as waste materials. Batteries have various heavy metals and poisonous chemicals. Thus, their disposal has led to various environmental issues due to soil and water contamination. As such, batteries require recycling to adhere to health and environmental benefits.

Overview of lead acid battery recycling

Recycling lead-acid batteries are highly profitable and so is the lead-acid battery recycling business. This is due to the high recyclability of components used in the battery. The major components used are:

  • electrode paste (lead oxide and lead sulphate)
  • lead (alloy) from grids and poles of the battery
  • sulphuric acid
  • plastic (polypropylene)

This secondary lead so obtained is highly recyclable but requires purification before its usage. Also, the increasing demand for lead is met via this secondary lead as it is cheaper than mining new lead. Moreover, the battery recycling business is far less polluting than mining the mineral. Furthermore, with proper pollution control measures, it can be further reduced. Lead-acid battery recycling involves refining and melting the lead and the lead paste from discarded and dead batteries.

Overview of the lithium-ion battery recycling

The sector for lithium-ion batteries in India is expected to grow exponentially in the next five years. Moreover, lithium-ion battery recycling is expected to offer a $1000 million opportunity by 2030. However, India meets its lithium-ion battery needs solely through imports.

That said, setting up the battery recycling business is still profitable as India has an abundant domestic source of metals. Currently, less than 5% of lithium-ion batteries are recycled due to economic and technological constraints. Thus, the best part is that lithium battery recycling and reusing will direct us toward a circular economy.

Thus, to promote this and fulfil India’s green goals, the MoEF&CC (Ministry of Environment, Forest and Climate Change) stipulated the Battery Waste Management Rules 2020. Indeed, the BWM seeks the safe disposal of hazardous battery wastes and promotes a circular economy by establishing a battery recycling business. Further, the rules fix the responsibilities of dealers, producers, consumers, and entities involved in the segregation, collection, transportation, recycling and refurbishment of all kinds of batteries, including lithium-ion and lead acid batteries. The following section describes these rules in detail.

Provision of certificate for Waste Battery

According to the BWM rules, there is a provision for the certificate for waste batteries which is explained below –

  • In no situation, the amount of waste battery recycled or refurbished by the battery recycling business must be more than the unit’s installed capacity. These certificates are for the waste battery category-wise and will include the unit’s Goods and Services Tax (GST) data.
  • The certificate for waste batteries given by the registered entities shall be provided for the type and quantity of the battery recycled or refurbished. Also, this can be transacted to meet Extended Producer Responsibility (EPR)obligations. CPCB will offer the issuance of such certificates on the online portal.
  • Entities involved in the refurbishment and/or waste battery recycling business, registered as per these rules, must offer a waste battery processing certificate.
  • Recyclers must adhere to the minimum recovery of battery materials, as mentioned in the table below.

S. No.

Type of Battery

Recovery target for the year (in percentage)

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

  • CPCB generates the EPR certificates via a centralised online portal depending on the refurbished or recycled quantities assigned to recyclers. The recyclers can sell the assigned EPR certificates to producers in exchange for the waste battery.
  • Furthermore, the EPR certificates for recyclers must be generated based on the geographical source of the battery, like domestic or imported, the weight of the battery processed and the percentage fulfilment of material recovery targets for a particular year.
  • The certificates will remain valid for seven years to meet the norms set for the producers.
  • The recyclers will submit and record all transactions on the online portal while filing quarterly returns.

Other designated roles and responsibilities

  • CPCB must issue norms for environmentally sound processes of storage, collection, refurbishment, transportation and recycling of waste batteries.
  • The SPCB must register a battery recycling business entity through an online portal in Form 2(B).
  • The funds collected under Environmental Compensation shall be kept in a separate escrow account by Central Pollution Control Board or State Pollution Control Board.
  • The funds must be used to collect and recycle nonrecycled and uncollected waste batteries against which environmental compensation is imposed.

Centralised Online Portal

  • The system must guarantee a process wherein the material balance of waste battery as per EPR obligations of producers is reflected. Further, it must also reflect the details related to the audit of the producers and entities involved in the battery recycling business.
  • CPCB must create an online system for filing returns and registration by recyclers and producers of waste batteries within six months of the commencement of these BWM rules.
  • The online portal would serve as a single-point data repository related to the guidelines and orders to implement these rules.
  • The SPCB must also use the online portal of CPCB used for the registration of producers to register units involved in waste battery recycling.

Why is the battery recycling business important?

The battery recycling business involves processing waste batteries. The aim is to ensure you can reuse them rather than dispose of them. Indeed, this is very important as it reduces the significant count of improperly discarded batteries.

Besides, the practice protects the environment against the harmful effects of the toxic substances in discarded batteries. In addition, with recycling, there is less requirement for new battery production, thereby contributing to the world’s material waste

The New Battery Waste Management Rules, 2023: Roles and Responsibilities

The New Battery Waste Management Rules, 2023, in India, aim to establish a comprehensive framework for responsible battery waste management. Here’s a breakdown of the key roles and responsibilities for different stakeholders:

1. Producers and Importers (PIBOs):

  • Extended Producer Responsibility (EPR): PIBOs, including domestic battery manufacturers, assemblers, and importers, are the primary focus of the EPR framework. They are responsible for the environmentally sound management of used batteries throughout their life cycle.
  • Registration: PIBOs must register with the Central Pollution Control Board (CPCB) through an online portal (details still under development).
  • Collection and Recycling: EPR mandates PIBOs to establish or participate in collection and recycling systems for used batteries. This might involve setting up collection points, collaborating with recyclers, or utilizing designated take-back mechanisms.
  • Financial Assurance: PIBOs might be required to provide financial guarantees or insurance to ensure their commitment to EPR obligations.
  • Reporting: PIBOs must submit periodic reports to the CPCB detailing their battery production/import volumes, waste collection efforts, and recycling achievements.

2. Recyclers:

  • Collection and Processing: Recyclers play a crucial role in collecting used batteries from various sources and employing appropriate technologies to extract valuable materials like lithium, cobalt, and nickel.
  • Compliance with Regulations: Recyclers must adhere to environmental regulations governing the handling and processing of hazardous waste, including used batteries.
  • Record Keeping: Recyclers are required to maintain comprehensive records of their operations, including the quantity and type of used batteries received, processed materials recovered, and final disposal methods.

3. Government:

  • Central Pollution Control Board (CPCB): The CPCB is responsible for administering the EPR program. This includes managing the online registration portal, verifying compliance, and issuing approvals to PIBOs.
  • Policy Development and Monitoring: The government plays a crucial role in developing and monitoring the effectiveness of the regulations. This might involve setting collection and recycling targets and introducing incentive programs for stakeholders.

4. Consumers:

  • Responsible Disposal: Consumers are encouraged to dispose of used batteries responsibly at designated collection points established by PIBOs, retailers, or local authorities.
  • Awareness and Education: Promoting consumer awareness about the environmental impact of improper battery disposal and responsible disposal options is crucial.

Overall, the New Battery Waste Management Rules establish a shared responsibility model. Producers and importers are financially responsible for the entire life cycle of their batteries, while recyclers play a critical role in processing used batteries and recovering valuable materials. The government sets the framework and monitors compliance, and consumers contribute by disposing of batteries responsibly. This collaborative approach aims to create a more sustainable and environmentally responsible battery ecosystem in India.

Eligibility Criteria

While the specific details of the New Battery Waste Management Rules (2023) are still under development, here’s what we can expect regarding recycler eligibility for registration:

Focus on Existing Licensed Recyclers:

  • Priority for Established Players: The program might prioritize registration for existing licensed battery recyclers who already possess the infrastructure and expertise for safe and efficient battery processing. This ensures a smooth transition and leverages existing capabilities.
  • Experience and Expertise: Demonstrating a track record of responsible battery recycling practices, adherence to environmental regulations, and proper waste management procedures will likely be crucial for registration.

Potential for New Entrants:

  • Openings for Qualified Applicants: The program might not be entirely exclusive. There could be opportunities for new entrants who meet specific eligibility criteria.
  • Focus on Capacity and Capabilities: New recyclers may need to demonstrate a robust plan for establishing collection networks, implementing appropriate recycling technologies, and ensuring environmentally sound practices. This might involve showcasing:
    • Infrastructure: Availability of a processing facility that meets environmental and safety standards.
    • Technology: Possession or access to technology for safe and efficient battery dismantling and material recovery.
    • Environmental Responsibility: A clear commitment to responsible waste management practices and adherence to environmental regulations.

Registration Process:

  • Online Portal (Anticipated): Registration for recyclers is likely to happen through an online portal administered by the Central Pollution Control Board (CPCB).
  • Documentation Requirements: Specific details are yet to be announced, but recyclers might need to submit documents like:
    • Business registration documents
    • Environmental licenses and permits
    • Details of processing technology and capacity
    • Plans for collection network establishment (if applicable)

Benefit Of Registration

The Triple Win: Benefits of Battery Recycler Registration (Economy, Businesses, Environment)

The New Battery Waste Management Rules (2023) in India introduce mandatory registration for battery recyclers. This program offers a win-win-win situation, benefitting the economy, businesses involved in recycling, and the environment as a whole. Let’s explore these advantages:

Economic Benefits:

  • Job Creation: The expansion of the battery recycling industry creates new employment opportunities in collection, processing, and logistics. This injects income into the economy and fosters the development of a green sector.
  • Reduced Reliance on Imports: Increased recycling of valuable materials like lithium, cobalt, and nickel reduces reliance on imports for battery production. This strengthens India’s resource security and reduces reliance on fluctuating global commodity prices.
  • Boost for Innovation: The EPR framework incentivizes investment in advanced battery recycling technologies. This fosters innovation in the sector, potentially leading to more efficient and environmentally friendly recycling processes.

Benefits for Businesses (Battery Recyclers):

  • Formalization and Growth: The registration process brings legitimacy to the recycling sector, attracting more formal players and investments. This growth translates to potential economies of scale and improved profitability for recyclers.
  • Stable Feedstock Availability: The EPR framework ensures a steady stream of used batteries available for collection and processing. This eliminates the challenge of scattered and unorganized waste sources, leading to more predictable operations.
  • Access to New Markets: Registration might open doors for collaboration with PIBOs (producers and importers) who are mandated to utilize registered recyclers. This creates access to established market players and potentially higher volumes of used batteries.

Environmental Benefits:

  • Reduced Pollution: Proper battery recycling prevents hazardous materials like lead, mercury, and cadmium from entering landfills. This minimizes environmental contamination and associated health risks.
  • Conservation of Resources: Recycling recovers valuable materials from used batteries, reducing the need for virgin resource extraction. This minimizes the environmental footprint associated with mining and processing raw materials.
  • Circular Economy Champion: The EPR program promotes a closed-loop system for batteries. Used batteries are transformed into new ones, minimizing waste and promoting resource sustainability.

Overall, the registration of battery recyclers under the New Battery Waste Management Rules is a powerful driver for positive change. By fostering economic growth, creating business opportunities, and prioritizing environmental sustainability, this program paves the way for a more responsible future for battery waste management in India.

Documents Requirement for Registration

Documents required by the waste battery recycler

The owner requires the following documents for the battery recycling business –

  • Form 4 for quarterly return
  • Form 2(A) for grant of one-time registration
  • Certificate of Incorporation
  • Operating Agreement for LLCs
  • Business plan
  • Insurance policy
  • Employment offer
  • Business license and permit
  • EPR authorization
  • Employer Identification Number (EIN)
  • Taxpayer Identification Number (TIN)

    While the specific details of the New Battery Waste Management Rules (2023) are still under development by the Central Pollution Control Board (CPCB), here’s a general idea of the documents recyclers might need to submit for registration:

    Anticipated Documents for Recycler Registration:

    • Business Details:
      • Company Registration Documents (e.g., Certificate of Incorporation, Partnership Deed)
      • Business PAN Card Number
      • GST Registration Certificate (if applicable)

    • Facility Details:

      • Address of the battery processing facility
      • Environmental clearances and permits for handling hazardous waste (e.g., Consent to Operate issued by the State Pollution Control Board)

    • Technical Expertise:

      • Description of the battery processing technology and capacity (including details on dismantling, material separation, and treatment processes)

      • Documentation or certifications demonstrating expertise in safe and environmentally sound battery recycling practices

    • Waste Management Plans:
      • Detailed plans for collection network establishment (if applicable) outlining strategies for acquiring used batteries from various sources

      • Protocols for safe transportation and storage of used batteries

      • Procedures for final disposal of non-recyclable materials or residues generated during processing (ensuring adherence to environmental regulations)

    Additional Documents (Optional but Recommended):

    • Previous Experience Records: If applicable, provide details of past projects or experience in battery recycling or related waste management activities.

    • Letters of Intent or Agreements: Include any agreements or Letters of Intent established with PIBOs (Producers, Importers, and Brand Owners) for collection and processing of used batteries.

The registration process for the owner of the battery recycling business

The owner of the battery recycling business must apply on the web portal of the CPCB for filing returns. This must be done within six months of the commencement of the rules.

Registration Process In India

The specific registration process for battery recyclers under the New Battery Waste Management Rules (2023) in India is still under development by the Central Pollution Control Board (CPCB). However, based on general practices for environmental registrations, here’s a likely scenario:

1. Prepare Registration Documents:

  • Gather Required Documents: Compile the documents outlined previously (Business Details, Facility Details, Technical Expertise, Waste Management Plans, and any additional documents recommended). Ensure all documents are valid and up-to-date.

  • Meet Eligibility Criteria: Confirm that your recycling business meets the eligibility requirements set by the CPCB. This might involve possessing necessary licenses and permits, demonstrating a track record of responsible practices, and possessing adequate infrastructure and technology.

2. Online Registration Portal:

  • Access the Portal: Once the online registration portal becomes available on the CPCB website, use valid login credentials to access it. You might need to create an account if not already registered with the CPCB.

  • Fill Out Application Form: Carefully complete the online application form, providing accurate information about your company, recycling capabilities, and waste management plans. Be sure to attach all the required documents in the designated format.

3. Verification and Approval:

  • CPCB Scrutiny: The CPCB will scrutinize your application and uploaded documents to ensure completeness and compliance with the regulations. They might request clarifications or additional information if necessary.

  • Site Inspection (Potential): Depending on the regulations, the CPCB or designated authorities might conduct a site visit to your battery processing facility to verify compliance with environmental and safety standards.

  • Approval Notification: Upon successful verification and review, the CPCB will issue a formal notification of your registration approval.

Important Considerations:

  • Timeline: Be mindful of any deadlines associated with the registration process. Early preparation will ensure you have ample time to gather documents and complete the application.

  • Seek Professional Guidance: Consulting with environmental lawyers or waste management experts can streamline the registration process and ensure your application adheres to all requirements.

  • Stay Compliant: Maintaining compliance with the regulations and renewing your registration periodically will be crucial for continued operation as a registered battery recycler.

Conclusion:

Remember, this is a general outline based on current understanding. The final registration process might differ slightly. Stay updated with official CPCB announcements for the most accurate information. By following these steps and remaining informed, you can prepare your battery recycling business for a smooth registration process under the New Battery Waste Management Rules.

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