India: Authorizations Required Under Central Pollution Control Board

In recent times, environmental concerns have been a hot topic not just in India but worldwide. Government and non-profit organizations are working hand in hand where Governments of various nations are implementing schemes and laws to safeguard the environment, non-profit organizations are creating awareness about the importance of sustainable environment.

One such initiative taken by the law enforcers of India to protect the environment was through the establishment of Central Pollution Control Board (CPCB). CPCB is entrusted with the task of prevention, control and abatement of pollution and waste. It works closely with the State Pollution Control Board (SPCB) and provides its technical assistance and guidance to state boards. It further collects and publishes statistical and technical data relating to pollution levels and provides measures and guidelines to combat it.

In order to keep a check on producers, manufacturers, importers of products causing pollution and generating waste, government mandates various authorizations to be granted by CPCB.

This piece discusses the various authorizations required from CPCB along with the necessary documents and eligibility criteria in that regard.

1. Extended Producer Responsibility (EPR) Authorization for E-waste Management

EPR is the responsibility of every producer of electric or electronic equipment to channelize e-waste to ensure its sound management and disposal.

Eligibility

As per E-waste management Rules, 2016¹ CPCB has the mandate to grant, renew or refuse EPR-Authorization to Producers of the Electrical & Electronic Equipment (EEE) listed in schedule — I of the said Rules. Schedule-I lists down two categories of EEE- Information technology and telecommunication equipment and Consumer electrical and electronics.

Information required

A Producer has to apply, providing the following information as per Form-1 of E-waste management Rules, 2016. Application can be submitted by post or courier services.

General information

• Name, full address and contact details of the place where sale in entire country is being managed.
• Name of the authorized person along with his/her address and contact details
• Name, address and contact details of Producer Responsibility Organization (PRO), if engaged. PRO means a professional organization authorized or financed collectively or individually by producers for channelization of e-waste generated.
• Details of electrical and electronic equipment placed in market year-wise as per Table-1.

Estimation of E-waste Generation

Estimated generation of Electrical and Electronic Equipment waste item-wise and estimated collection target for the forthcoming year in the form of Table 2

Extended Producer Responsibility (EPR) Plan

• This plan shall outline the scheme of e-waste channelization system for targeted collection including details of PRO if any

This information is to be submitted in the following format;

• General scheme of collection
• Channelization of E-waste and it's flow chart
• Website Information
• Plan shall include estimated budget for Extended Producer Responsibility and consumer awareness.
• Details of proposed awareness program.

Reduction of Hazardous Substances (RoHS)

A self-declaration on compliance to Reduction of Hazardous Substances to be submitted along with a declaration that technical documents on RoHS are available with them and will be provided for verification whenever required.

List of Documents Required

• EPR plan
• Copy of permission from the relevant Ministry/Department for selling their product
• Copies of agreement with dealers
• Copies of agreement with collection centers
• Copies of agreement with recyclers / dismantler
• Copies of agreement with treatment, storage and disposal facility (TSDF), if applicable
• Copy of license/permission from Directorate General of Foreign Trade (DGFT)
• Self-Declaration on RoHS
• Copy of agreement with PRO, if applicable

Target Time and Response

CPCB shall issue EPR Authorization within 120 days from the date of receipt of complete applications. If the application is complete in all respect CPCB may take lesser time. The status of the application will be displayed in a simple web based application at CPCB website.

Approval, renew and amendment of EPR Authorization

• Chairman of CPCB shall approve the EPR Plan after the concerned official has scrutinized it. Upon approval, Divisional Head dealing would issue the EPR Authorizations.
• In case of renewal and amendment of existing EPR Authorization, Member Secretary of CPCB shall be the approving authority. Upon approval, Divisional Head would issue the renewed/amended EPR Authorizations.

Registration of Producers, Importers & Brand-Owners (PIBOs) for Plastic Waste Management

CPCB Is currently registering PIBOs in accordance with the provision of Plastic Waste Management (PWM) Rules 2016, as amended. In this regard CPCB has issued Standard Operating Procedure² and launched online portal.

On this matter, a draft notification³ was issued by Ministry of Environment, Forest and Climate Change on October 6, 2021 which was to be implemented with immediate effect. However, it has been kept in abeyance for three months by a notification issued on October 20, 2021 by CPCB⁴.

Eligibility

As per the provision of PWM Rules, Extended Producers Responsibility (EPR) for management of plastic waste packaging is entrusted with the PIBOs who introduce the products in the market.

For the purpose, "Brand owner" means a person or organization who sells any commodity under a registered brand label and "Producer" means persons engaged in manufacture or import of carry bags or multi-layered packaging or plastic sheets or like. Producers also include industries or individuals using plastic sheets or like or covers made of plastic sheets or multi-layered packaging for packaging or wrapping the commodity

Procedure for issuance of Certificate by Central Pollution Control Board

As per Rule 13(2) of the PWM Rules, PIBOs who are operating in more than two states, are required to obtain registration from Central Pollution Control Board and those operating in one or two states have to obtain registration from the concerned SPCB/PCC

• The PIBOs shall apply to CPCB for the registration online on the portal. The application format is in to be in accordance with Form-I of PWM Rules 2016. Application fee, as prescribed, shall be paid by PIBO at the time of submitting the application for Registration with CPCB.
• EPR Action Plan is to be submitted by PIBOs for obtaining registration from Central Pollution Control Board. PIBOs shall fulfill EPR in all the States/UTs in which they are introducing their products. EPR Target for a particular State/UT shall be equal to the type & quantum of plastic introduced by them in the market (post consumer waste) in the specific State /UT.

Checklist of documents to be submitted for Obtaining Registration from CPCB

(a) Proof of Selling in more than two states ( GST/ tax invoice etc)

(b) DIC Certificate, if the unit has a production facility

(c) Valid Consents under Air & Water Act, if the unit has a production facility

(d) Documents related to Action Plan for fulfilling EPR liability ( State/UT wise)

• Document issued by Urban Local Body / designated state authority related to engagement of PIBO or Waste Management Agency (WMA) (as applicable)
• Registration issued by SPCBs/PCCs to Plastic Waste Processing Facility (PWPF) to be engaged with for plastic waste (PW) processing

iii. Agreement of PIBO/WMA with PWPF for PW processing (as applicable)

• Agreement of PIBO with WMA (as applicable)
• Fresh Registration valid for a period of one year in accordance with PROVISION of PWM Rules shall be issued to the PIBOs. Registration certificate shall be issued online to PIBOs within seven working days of submission of complete application

Registration of the Importers of new Lead Acid Batteries

As per the provision under Rule 5 of Batteries (M&H) Rules, 2001 and as amended in May 2010, responsibility for granting registration to importers of the new lead acid batteries has been delegated by Ministry of Environment, Forest & Climate Change to Central Pollution Control Board w.e.f. 4th May, 2010.⁵

Procedure for Registration

1. Applicant shall apply for the grant of registration through online web-portal www.cpcbbrms.nic.in
2. After submission of online application, applicant shall also submit physical copy of application on their letter head, enclosing following documents;
3. Printouts of Form II and Form III taken out from online application with their stamp and signature on the same.
4. Self-attested copy of Import-Export certificate

Documents and Information required for registration⁶

1. Name of the importer
2. Name of the person/owner
3. Industry address
4. Import export code no.
5. Contact details- mobile no., FAX no., e-mail id, pin code
6. PAN cards
7. Import Export Certificate

Undertaking in Form-III

Footnotes

1 http://www.bareactslive.com/ACA/ACT2903.HTM

2 https://cpcb.nic.in/uploads/plasticwaste/SOP_EPR_PWM_23-03-2021.pdf

3 https://moef.gov.in/wp-content/uploads/2021/10/Draft-notification-EPR.pdf

4 https://cpcb.nic.in/openpdffile.php?id=TGF0ZXN0RmlsZS8zMzdfMTYzNDgwMDUyNF9tZWRpYXBob3RvMjAzMTAucGRm

5 https://cpcb.nic.in/displaypdf.php?id=aHdtZC9OZXdfU29QX0JhdHRlcmllc18yMDE2LnBkZg==

6 https://cpcb.nic.in/uploads/hwmd/BRMS_Proc_20082018.pdf

For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.