Karan Jain
Campus Law
Centre, University of Delhi
E-Waste Management
Introduction
Electrical
and electronic waste (e-waste) is defined in the ‘Guidelines for
Environmentally Sound Management of E-waste’ published by the Ministry of
Environment and Forests (MoEF), Government of India. As per this definition,
“E-waste comprises of wastes generated from used electrical, electronic devices
and household appliances which are not fit for their original intended use and
are destined for recovery, recycling and/or disposal”. Such wastes encompass
wide range of electrical and electronic devices such as computers, handheld
devices, domestic electronic equipmentincluding refrigerators, air conditioners
etc. E-waste also includes rejects from electronic manufacturing units.
According to WEEE Directive (EU, 2002a) of the European Union, “Waste
Electrical and Electronic Equipment” (WEEE) is defined as waste material
consisting of any broken or unwanted electrical or electronic appliances.
The e-waste
inventory in India for the year 2005 showed approximately 1,46,180 tonnes and
is expected to exceed 8,00,000 tonnes by 2012 asprojected in the ”Guideline for
Environmentally Sound Management of E-waste”published by the Government of
India, MoEF and the Central Pollution ControlBoard (CPCB) in March 2008. An
assessment made in Chennai city in 2004-05, on the e-waste generated from
personal computers, televisions and mobilephones revealed that about 26,183
tons e-waste was generated in the yearwhich was estimated to increase to
1,32,778 tonnes by 2013-14*.1
Prevailing Disposal Practices
According to
the MAIT-GTZ study “E-waste Assessment in India – aQuantitative assessment on
the generation, disposal & recycling ofElectronic Waste in India”conducted
in 2007, 95% of e-waste is recycled in theinformal sector and only about 5%
reach authorized recyclers. The e-waste iseither processed by the unauthorized
recyclers (informal sector) or beingresold, or refurbished and resold, or
recycled in an unhygienic and unsafemanner at many remote parts of our country.
2
The
regulating authorities and the enforcement agencies for execution of
government's guidelines
The Ministry
of Environment and Forests, Government of India vide notification dated 12th
May, 2011 in the E waste (Management and Handling) Rules, 2011 has notified
certain authorities to execute the said Rules and perform certain duties. Rule
14 of the said Rules lays down that Schedule III to the Rules specifies the
authorities and their corresponding duties:
1. Definition
in the proposed e-waste rules under consideration of the Government of India
2. Information
Technology (e.Gov.II) Department G.O.Ms. No.18 Dated 07.05.2010
1. Central
Pollution Control Board, Delhi
Responsibilities:
Coordination with State pollution control boards/ Committees of Union
Territories.
Preparation of
guidelines for sound environmental management of e-waste.
Conduct
assessment of e-waste generation and processing.
Recommend
standards and specifications for processing and recycling e-waste.
Documentation,
compilation of date on e-waste and uploading on websites of Central Pollution
Control Board.
Conduction
training and awareness programmes.
Submit Annual
Report to the Ministry.
Enforcement of
provisions regarding reduction in use of hazardous substances in manufacture of
electrical and electronic equipment.
Initiatives for
IT industry for reducing hazardous substances.
Set targets for
compliance to the reduction inuse of hazardous substances in manufacture of
electrical and electronic equipment.
Incentives and
certification for green design/products.
2. State
Pollution Control Boards/ Committees of Union Territories
Responsibilities:
Inventorization of e-waste, grant and renewal of authorization, registration of
recyclers of e-waste, monitoring compliance of authorization and registration
conditions, maintain information on the conditions imposed for authorization
etc., implementation of programmes to encourage environmentally sound
re-cycling, action against violations of these rules, any other function
delegated by the Ministry under these rules.
3. Urban Local
Bodies (Municipal Committee/Council/Corporation)
Responsibilities:
To ensure that e-waste is found to be mixed with Municipal Solid Waste is
properly segregated, collected and is channelized to either authorized
collection centre or dismantler or recycler.
To ensure that
e-waste pertaining to orphan products is collected and channelized to either
authorized collection centre or dismantler or recycler.
Methodology
for estimation of Waste
Electrical and Electronic Equipment (WEEE)
quantity
Objective
|
Detail
|
Primary
Survey Methodologies
|
Output
|
WEEE /
E-waste
stream
|
Material Flow
|
• Follow
tracer materials:
semi-structured
interviews about quantities, quality,
economics,
labour(using
appendix 1)
|
•
Key-players are known (dealers,
disassembly
workers, recycler)
• Material
flow (quantities /
qualities)
from input to output are
identified
• Labour in
WEEE/ E-waste streamsare identified
|
Input
quantities
/
Import
|
•
Interviews with WEEE/ E-waste
producers
(manufacturers
/ retailers,auctions…) to find outWEEE/ E-waste quantities
• Survey of
key-players forimport: structured
questionnaires/
interviews(using questionnaires givenin section tools andtechnique with
examplessummarised in appendix 1and appendix 2)
|
• WEEE/
E-waste quantity input is
estimated
•
Percentage of imported /
household
WEEE/ E-waste isknown.
|
|
Reuse
|
• Surveys
of scrap dealers,retailers, computer repair
shops:
structured interviews(using questionnaires givenin section tools andtechnique
with examplessummarized in appendix 3)
|
•
Quantities of reused entire
equipment
are estimated
• Quantities of reused equipmentparts are
estimated.
|
|
Disposal
|
• Sampling
on differentlandfills (usingquestionnaires given in section tools and
techniquewith examples summarizedin appendix 3)
|
• Existence
of WEEE/ E-waste
fractions in landfills is known
|
|
Recycling technologies
|
Recycling technology
|
• Transect
walks in differentdistricts (semi-structured
interviews
using informationguide given in appendix 1)
|
• Applied
recycling technologiesare known
• Labour
needed for different
recycling processes is known
|
Hazardous
Processes
|
•
Semi-structured interviews in districts, where potentiallyhazardousprocesses
take place usinginformation guide given inappendix 1 andquestionnaire given
insection tools and techniquewith examples summarizedin appendix 3.
|
• Hazards
in different recycling
processes are identified
|
The structured
and semi structured interviews can be conducted using questionnairesdescribed
in section tools and technique with examples summarised in appendix 2 and3. The
questionnaire has been developed to quantify and photo document each step inthe
WEEE/ E-waste value chain.If the geographical area is about 100 km2 and number
of stakeholders is limited then100% primary survey of stakeholders is
recommended. If the geographical area and number of stakeholders is above 100
km2, then primary survey is restricted to a samplesize of 10% to 15%.3
The responsibility
on manufacturers or consumers for disposal of e-waste
The E-Waste (Management and Handling) Rules, 2011 are
applicable to both manufacturers of electrical goods and consumers of
electronic equipment who will now need to maintain records of e-waste in a
particular format.The e-waste management rules are not applicable for lead acid
batteries, micro and small enterprises and radio-active wastes. However,
Information and Telecommunications equipment and consumer electrical and
electronics sectors must ensure that their products are free from hazardous
substances like lead, cadmium, mercury, hexavalent chromium and certain other
substances. But, the use of such substances is permitted if it is within the prescribed
limits. With the introduction of these Rules, the concept of ‘Extended producer
responsibility’ has been emphasised upon by the government.
Extended
producer responsibility (EPR) is an environmental
policy approach in which a producer’s responsibility for a product is extended
to the post-consumer stage of the product’s life cycle, including its final
disposal. In principle, all the actors along the product chain share
responsibility for the lifecycle environmental impacts of the whole product
system. The greater the ability of the actor to influence the environmental
impacts of the product system, the greater the share of responsibility for
addressing those impacts should be. These actors are the consumers, the
suppliers, and the product manufacturers. Consumers can affect
the environmental impacts of products in a number of ways: via purchase
choices(choosing environmentally friendly products), via maintenance and the
3. E-waste, Volume I: Inventory Assessment Manual, United Nations
Environmental Programme, Division of Technology, Industry and Economics,
International Environmental Technology Centre, Osaka/Shiga
environmentally
conscious operation of products, and via careful disposal (e.g., separated
disposal of appliances for recycling).
Suppliers may have a
significant influence by providing manufacturers with environmentally friendly
materials and components. Manufacturers can reduce the life-cycle
environmental impacts of their products through their influence on product
design, material choices, manufacturing processes, product delivery, and
product system support. The system design needs to be such that there are
checks and balances, especially to prevent free riders.
The goals of
the product designer could include reducing toxicity, reducing energy use,
streamlining product weight and materials, identifying opportunities for easier
reuse, and more. Manufacturers have to improve the design by:
(i)
the substitution of hazardous substances such as
lead, mercury, cadmium, hexavalent chromium and certain brominated flame
retardants;
(ii)
measures to facilitate identification and re-use
of components and materials, particularly plastics; and
(iii)
measures
to promote the use of recycled plastics in new products. Manufacturers should
give incentives to their customers for product return through a “buy back
approach” whereby old electronic goods are collected and a discount could be
given on new products purchased by the consumer.
All vendors
of electronic devices shall provide take-back and management services for their
products at the end of life of those products. The old electronic product
should then be sent back to be carefully dismantled for its parts to be either
recycled or re-used, either in a separate recycling division at the manufacturing
unit or in a common facility.Collection systems are to be established so that
e-waste is collected from the right places ensuring that this directly comes to
the recycling unit. Collection can be accomplished through collection centres.
Each electronic equipment manufacturer shall work cooperatively with collection
centres to ensure implementation of a practical and feasible financing system.
Collection
Centres may only ship wastes to dismantlers and recyclers that are having
authorization for handling, processing, refurbishment, and recycling meeting
environmentally sound management guidelines.4
E waste
(Management and Handling) Rules, 2011 lay down the responsibilities and duties
of the producer (Rule 4), consumer/bulk consumer (Rule 6), collection centres
(Rule 5), dismantlers (Rule 7) and recycler (Rule 8).
Rule 4.Responsibilities of the producer-
The producer of electrical and electronic equipment listed in schedule I shall
be responsible for:
(i)
Collection of e waste generated
during the manufacture of electrical and electronic equipment and channelizing
it for recycling or disposal,
4. Kurian
Joseph; Electronic Waste Management in India-Issues and Strategies; Centre for
Environmental Studies, Anna University, Chennai, India)
(ii)
Collection of e waste generated
from the ‘end of life’ of their products in line with the principle of
‘Extended producer responsibility’ and to ensure that such e wastes are
channelized to registered dismantler or recycler. Producer shall, as necessary,
ensure collection and channelization by authorising collection agencies,
(iii)
Setting up collection centres
or take back systems either individually or collectively,
(iv) Financing
and organising a system to meet the costs involved in the environmentally sound
management of e waste generated from the ‘end of life’ of its own products and
historical wastes available on the date from which these rules come into force.
The financing arrangement of such a system shall be transparent. The producer
may choose to establish such a system either individually or by joining a
collective scheme,
(v)
Providing contact details such
as address, telephone numbers/helpline numbers of authorised collection centres
to consumer(s) or bulk consumer(s) so as to facilitate return of electrical and
electronic equipment,
(vi) Creating
awareness through publications, advertisements, posters or by any other means
of communication and information booklets accompanying the equipment with
regard to-
(a)
Information on hazardous
constituents as specified in sub-rule (1) of rule (13) in electrical and
electronic equipment,
(b)
Information on hazards of
improper handling, accidental breakage, damage and/or improper recycling of e
waste,
(c)
Instructions for handling the
equipment after its use, along with the do’s and don’t’s,
(d)
Affixing a visible, legible and
indelible symbol given below on the products or information booklets to prevent
e waste from being dropped in garbage bins containing waste destined for
disposal.
(vii) Obtaining
an authorization from the concerned state pollution control board or pollution
control committee in accordance with the procedure under rule 9,
(viii)
Maintaining records in form 2
of the e waste handled and make such records available for scrutiny by the
state pollution control board or the committee concerned
(ix) Filing
annual returns in form 3, to the state pollution control board or pollution
control committee concerned on or before the 30th day of June
following the financial year to which that return relates.
Rule 6.Responsibilities of consumer or bulk
consumer-
(1)
Consumers or bulk consumers of
electrical and electronic equipment listed in Schedule I shall ensure that e
waste generated by them is channelized to authorized collection centre(s) or
registered dismantler(s) or recycler(s) or is returned to the pick up or take
back services provided by the producers; and
(2)
Bulk consumers shall maintain
records of e waste generated by them in Form 2 and make such records available
for scrutiny by the State Pollution Control or the Pollution Control Committee
concerned.5
5.E-waste
(management and handling) Rules, 2011.
Awareness programs
and initiatives by the Government
As the
collection and re-cycling of electronic wastes is being done by the informal
sector in the country at present, the Government has taken the following
action/steps to enhanceawareness about environmentally sound management of
electronic waste (CII, 2006):
• Several
Workshops on Electronic Waste Management was organised by the Central Pollution
Control Board (CPCB) in collaboration with Toxics Link, CII etc.
• Action has
been initiated by CPCB for rapid assessment of the E-Waste generated in major
cities of the country.
• A National
Working Group has been constituted for formulating a strategy for
E-Wastemanagement.
• A
comprehensive technical guide on "Environmental Management for
InformationTechnology Industry in India" has been published and circulated
widely by the Department of Information Technology (DIT), Ministry of
Communication and Information Technology.
•
Demonstration projects have also been set up by the DIT at the Indian Telephone
Industries forrecovery of copper from Printed Circuit Boards.
The Swiss
State Secretariat for Economic Affairs mandated the Swiss Federal Laboratories
forMaterials Testing and Research (EMPA) to implement the programme “Knowledge
Partnershipsin e-Waste Recycling" and India is one of the partner
countries. The programme aims atimproving e-waste management systems through
Knowledge Management and CapacityBuilding. It has analysed e-waste recycling
frameworks and processes in different parts of theworld (Switzerland, India,
China, South Africa) in its first phase (2003-04) and all results of theproject
are documented on the website http://www.e-waste.ch/.6
Information
Education Communication (IEC)(Government of Tamil Nadu)
Awareness
needs to be created among all stakeholders in the e-waste value chain i.e.,
beginning from commercial and domestic users, industries, recyclers, government
agencies and the public on environmentally sound management of e-waste.
Training and awareness programmes need to be organized involving other
stakeholders, i.e., NGOs, specialists and professionals. The following Training
and awareness programmes will be organized for different stakeholders educating
them on various aspects of e-waste handling:
(1) Consumer
awareness programmes to be organized on the selection of eco-friendly and green
products.
(2) Information
to be provided to consumers to deposit the end-of-life used equipment (e-waste)
in the designated collection boxes or collection centres. The location of such
facilities along with the address and contact details to be provided to
consumers.
(3) E-waste
collectors and waste pickers to be given specialized training through
identified organizations for handling different categories of e-waste.
(4) Professional
Training to be imparted to workers employed/likely to be employed in e-waste
recycling units, through well-designed training programmes and participants to
be certified. Such training to be made a prerequisite for employment in e-waste
recycling units.
6. Kurian
Joseph; ELECTRONIC WASTE MANAGEMENT IN INDIA–ISSUES AND STRATEGIES; Centre for
Environmental Studies, Anna University, Chennai, India)
(5) Industries may be encouraged to conduct
awareness programmes for their employees and their families.
(6) Awareness programmes
on safe disposal / recycling of e-waste may be included in the curriculum /
co-curriculum at the School and College level.
(7) All types of media
will be used in the awareness campaign.8
*************
8.
Information Technology Department – E-Waste Policy of Tamil Nadu 2010
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