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Core Purpose

Notification amending the Battery Waste Management Rules, 2022 to revise Extended Producer Responsibility certificate pricing, Environmental Compensation guideline procedures, and Schedule-II compliance-cycle carry-forward provisions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued G.S.R. 190(E) dated 14th March 2024, in exercise of powers under sub-section (1) and clauses (v) and (vii) of sub-section (2) of section 3, sub-section (1) and clauses (c) and (d) of sub-section (2) of section 6, section 8, and clause (b) of sub-section (2) of section 25 of the Environment (Protection) Act, 1986 (29 of 1986), notifying the Battery Waste Management (Amendment) Rules, 2024, effective from the date of publication, which amend the Battery Waste Management Rules, 2022; the amendment substitutes rule 10(17) to fix the highest and lowest price of Extended Producer Responsibility certificates at 100% and 30% respectively of the Environmental Compensation leviable under rule 13 and inserts new rule 10(18) requiring exchange prices on the portal to fall within that band; it substitutes rule 13(3) to require the Central Pollution Control Board to prepare and recommend, in consultation with the Committee for Implementation under rule 15, guidelines for imposing and collecting Environmental Compensation from producers, refurbishers and recyclers for non-compliance, subject to concurrence of the Ministry of Environment, Forest and Climate Change; and it amends Schedule-II clauses (vi) through (xii) to standardize the compliance-cycle carry-forward language to permit carrying forward up to 60% of the remaining quantity of battery placed in the market to the next compliance cycle, and renumbers a table entry from (viii) to (xv); the principal rules were published via S.O. 3984(E) dated 22nd August 2022 and last amended via S.O. 4669(E) dated 25th October 2023; the notification is issued under F. No. 12/36/2019-HSMD and signed by Naresh Pal Gangwar, Additional Secretary.

Full Text

1910 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 177] NEW DELHI , THURSDAY , MARCH 1 4, 2024 /PHALGUNA 24, 1945 CG-DL-E-14032024-252990 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 14th March , 2024 G.S.R. 190(E).— In exercise of the powers conferred by sub -section (1), clauses (v) and (vii) of sub -section (2) of section 3, sub -section (1), clauses (c) and (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), the Central Government hereby makes the following rules fur ther to amend the Battery Waste Management Rules, 2022, namely: - 1. (1) These rules may be called the Battery Waste Management (Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Battery Waste Management Rules, 2022 (hereinafter referred to as the said rules), in rule 10: — (a) for sub -rule (17), the following sub -rule shall be substituted, namely: — “(17) The Central Pollution Control Board shall fix the highest and the lowest pric e for Extended Producer Responsibility certificates which shall be equal to 100% and 30%, respectively of the Environmental Compensation leviable on the obligated entities for non -fulfilment of Extended Producer Responsibility obligations as determined by the Central Pollution Control Board under rule 13.”; (b) after sub -rule (17), the following sub -rule shall be inserted, namely: — “(18) The exchange price of Extended Producer Responsibility certificate between registered entities through the portal shall b e between the highest and the lowest prices referred to in sub -rule (17).”. 3. In rule 13 of the said rules, for sub -rule (3), the following sub -rule shall be substituted, namely: — “(3) The Central Pollution Control Board shall prepare and recommend guidel ines for imposition and collection of Environmental Compensation from producers and entities involved in refurbishment and recycling of waste battery, in case of non -compliance of these rules. The Central Pollution Control Board may consult the Committee f or Implementation constituted under rule 15. The recommended guidelines shall be submitted to the Ministry of Environment, Forest and Climate Change for concurrence.”. 4. In Schedule -II to the said rules, — (a) in clauses (vi) and (vii), in the table, in the entries under column (5), for the words and figure “However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the ten year cycle to the next compliance cycle.” occurring at both the place s, the words and figure “However, up to 60% of the remaining quantity of battery placed in the market during the applicable compliance cycle may be carried forward to the next compliance cycle.” shall be substituted; (b) in clause (viii), in the table, in the entries under column (5), for the words and figure “However, there may be a carry forward of up to 20% of the average quantity of Battery placed in the market per year during the seven year cycle to the next compliance cycle.” occurring at both the pla ces, the words and figure “However, up to 60% of the remaining quantity of battery placed in the market during the applicable compliance cycle may be carried forward to the next compliance cycle.” shall be substituted; (c) in clauses (ix), (x) and (xi), in the table, in the entries under column (5), for the words and figure “However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the seven year cycle to the next compliance cycle.” occurring at both the places, the words and figure “However, up to 60% of the remaining quantity of battery placed in the market during the applicable compliance cycle may be carried forward to the next compliance cycle.” shall be substituted; (d) in clause (xii), i n the table, in the entries under column (5), for the words and figure “However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the fourteen year cycle to the next compliance cycle.” occurr ing at both the places, the words and figure “However, up to 60% of the remaining quantity of battery placed in the market during the applicable compliance cycle may be carried forward to the next compliance cycle.” shall be substituted; (e) in clause (xii ), in the table, after Sl.No. (xiv), for the figure “(viii)”, the figure “(xv)” shall be substituted. [F. No. 12/36/2019 -HSMD] NARESH PAL GANGWAR , Addl. Secy. Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (ii), vide number S.O. 3984(E), dated the 22nd August, 2022 and last amended, vide number S.O. 4669(E) dated the 25th October, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Pub lished by the Controller of Publications, Delhi -110054.

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