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ENVIRONMENT LAW ASSIGNMENT

TOPIC: ELECTRONIC WASTE AND ENVIRONMENT POLLUTION

Submitted to, Submitted by,


Abhilash sir. Gouri suresh
Roll no: 32
7/5th
GLCT
CONTENTS

1. INTRODUCTION
2. DEFINING ENVIRONMENT
3. DEFINING E-WASTE
4. THE PROBLEM OF TECHNOLOGICAL GARBAGE
5. PRIMARY CONTAMINANTS

6. SECONDARY CONTAMINANTS
7. TERTIARY CONTAMINANTS
8. ENVIRONMENTAL IMPACT OF PROCESSING E-WASTE
9. HOW CAN WE REDUCE TECHNOLOGICAL GARBAGE?
10. CURRENT CHALLENGES FOR E-WASTE ELIMINATION
11. E-WASTE LEGISLATIONS IN INDIA

12. INTERNATIONAL TREATIES ON E-WASTE MANAGEMENT


13. CONCLUSION
14. BIBILIOGRAPHY
1. INTRODUCTION

Technology is becoming more and more integrated in to every aspect of


our lives. Semiconductors and sensors are being added to products that
never before had them, creating wearable monitors, smart home TVs that
can stream programming from the internet and much more.
Humans change all the time. Change is a natural part of our life. The world
we are living in and everything in it is subdued to regular changes so is
technology. Current digital systems such as computers, smartphones,
tablets and laptops even radios, refrigerators and washing machines have
evolved over time and when it happens we humans tend to replace old
tricks to new technology. And so people replace things: smartphones,
tablets, laptops, LEDs, LCDs, DVD players. Whether from breakdown,
slow-down, or just the availability of a newer model, we always just
discard electronics at the slightest inconveniences. It’s not just laziness or
a lust for the future, either; the economics of gadgets encourages disposal.
In some cases, for example, buying a new printer is cheaper than buying
a set of new ink cartridges.

The increase in the consumption of electronics has two major adverse


ecological effects. First, it significantly increases mining and procurement
for the materials needed for the production of gadgets. And second,
discarded devices produce large quantities of electronic waste known as
e-waste. That waste could be reduced through reuse, repair or resale.
Whether it ever will be is an open question.

So through this paper presentation I am going to discuss about the severe


damages to our environment caused by the growing technology and
increasing e-waste, the ways and precautions that we can adopt to protect
the environment, about the effective e-waste management and about the
laws concerning it. As we all know that a secured future depends on the
environment as whole so let’s protect it for the sake of our future
generations.
2. DEFINING ENVIRONMENT
The environment is the home of all living beings. It sustains the life on
mother earth. The life of humans and animals entirely dependent on the
environment. It nourishes us. Environment is the sum total of conditions
in which an organism has to survive or maintain its life process. It
influences the growth and development of living organism.

The functions of environment includes the supply of resources, sustaining


life, assimilating waste, enhancing quality of our life and many more. The
ecosystem that includes all living and non-living things is now on the
verge of destruction. Human activities are the major cause of
environmental degradation those activities includes polluting water
bodies, polluting air, deforestation, enforcing defective environment
policies, usage of excessive chemicals, excessive mining, excessive use
of natural resources, producing greenhouse gases which leads to ozone
depletion, global warming etc.

Above all, increasing human activity is exerting more pressure on the


surface of the earth which is causing many disasters in an unnatural form.
Also the use of natural resources at the current pace may cause troubles
for the coming generation because the excessive use may lead resources
to vanish from the earth within a few years.
So to conclude, we can say that it is the environment that is keeping us
alive. Without the blanket of environment, we won’t be able to survive
for long.
3. DEFINING ELECTRONIC WASTE/E-WASTE
How many mobile phones have you had in your life? We all have heard
this question once in our life right? The answer to this question will give
us an idea of the impact that the technological rubbish-or e-waste-has on
the planet.

According to MarketWatch, in 2018 consumers replaced their mobiles


every 15 months. The organisation for Economic Cooperation and
Development (OECD) defines electronic waste as any device powered
by electrical energy that has reached the end of its working life. So
we’re not just talking about mobiles any electronic device be it even a
torch which reached its end of its working life can be considered as an e-
waste.

Let’s have a look at some of the types of WEEE (Waste Electrical


Electronic Equipment) that are around according to a European Union
(EU) directive:

 Fridges, freezers and other cooling equipment.


 Computers and telecommunications equipment.
 Consumer electronic devices and solar panels.
 TVs monitor and screens.
 LED bulbs
 Vending machines etc.
4. THE PROBLEM OF TECHNOLOGICAL WASTE IN THE WORLD
According to UN report, the world generated around 48.5 million tonnes
of e-waste in 2018 and 53.6 million tonnes in the year 2019. This figure
highlights the growing importance of recycling, which also throws up
some worrying statistics: a mere 20% of this waste is recycled. If we carry
on like this, the UN estimates that we could reach 120 million tonnes of
electronic scrap by 2050.

The volume of e-waste produced worldwide and bad recycling


management present a danger to the environment. Among the most
common substances found in these discarded items are cadmium, lead,
lead oxide, antimony, nickel and mercury. These toxic elements pollute
water bodies and release gases into the atmosphere that upset ecosystems.
So reverting to a production and consumption model that reduces the
amount of electronic waste cannot be put off any longer.

Electronic devices are made of a complex mix of materials that include


gold, silver, copper, platinum, palladium, lithium, cobalt and other
valuable elements. The U.S. Environmental Protection Agency (EPA)
says, “One metric ton of circuit boards can contain 40 to 800 times the
amount of gold and 30 to 40 times the amount of copper mined from one
metric ton of ore.” These precious materials can be reclaimed through
recycling. But electronic devices also comprise toxic heavy metals like
lead, mercury, cadmium, and beryllium, polluting PVC plastic and
hazardous chemicals, such as brominated flame retardants, which can
harm human health and the environment.

In 2016 the estimated value of recoverable materials in global e-waste was


$64.6 billion but only 20% o it was properly recycled to enable recovery
of the valuable materials. Much of the rest is dumped in landfills where
toxic chemicals can leach from the e-waste and end up contaminating the
water supply.
5. PRIMARY CONTAMINANTS
Primary contaminants are constituents present initially in e-waste that
may have hazardous and/or a toxic nature. These constituents are used in
the manufacture of electric and electronic equipment for their special
intrinsic characteristics. Some of the hazardous constituents are listed
below:

5.1. Metallic constituents


A wide variety of metals are present in electronic waste. Some of
these can be hazardous when disposed of inappropriately. Key
metallic constituents present in the e-waste have been
summarized below:
 LEAD
Lead metal is soft, ductile, malleable and flexible; it has
high electrical conductivity and thermal expansion. As it
also has a low melting point, hardness and strength, it is
commonly used in a range of alloys in electronic
equipment, lead is present in cathode ray tubes, found as
solder in printed circuit boards, as well as in liquid crystal
displays LCDs and batteries. The purpose of lead in cathode
ray tubes (CRT) is to protect from UV and X-rays generated
in the operation of CRTs, and the neck. In recent years,
CRTs have been replaced by LCDs, plasma or LED
displays. However, old CRTs are still being used in
developing and third world countries, and these still form a
part of the old electronic waste. Waste CRTs are a major
concern due to their high lead concentrations and its toxic
nature. The presence of strontium, cadmium and barium,
among other metals make their recycling highly
challenging and hazardous.
 TIN
Tin improves the hardness and strength when used as an
alloying element. This metal is generally present in EEE as
a tin lead alloy. These alloys are employed for their good
melting, wetting and bonding properties with metals such
as copper and steel. As lead has poor wettability with these
metals, the addition of tin gives the alloy fluidity, reduce
brittleness and gives a finer structure
 ANTIMONY
Generally present in tin-lead alloys, the addition of
antimony is used to give additional hardness and strength in
these alloys. Antimony, found predominantly in printed
circuit boards, is known to be toxic and highly volatile.
 MERCURY
Mercury is in a molten state at room temperature, and has a
tendency to volatilize due to its high vapour pressure. It can
form several compounds, and is known to be highly toxic.
Mercury is present mainly in mercury lamps and also found
in batteries, LCDs, switches, thermostats and sensors. The
function of mercury in lightning equipment is to transform
electrical energy into radiant energy in the UV range.
Phosphor compounds then convert the radiant energy into
visible spectrum. With some manufactures still using
obsolete technologies and during the disposal of old
fluorescent tubes, or mercury can get released during
recycling. These lamps are likely to break when disposed or
handled inappropriately. The release of mercury depends on
the quantity contained within the lamp and the temperature.
The form of mercury released also depends on several
factors, such as the type and age of the lamp, and whether
the lamp was operated continuously or intermittently.
However the exposure to mercury in any form is known to
be toxic to both humans and environment.
 NICKEL
Nickel easily forms alloys with several metals such as
copper, chromium and cadmium. Nickel is predominantly
found in Ni-Cd batteries as a hydroxide. These batteries
have increasingly been replaced by nickel-metal hydride,
lithium-polymer batteries and lithium-ion. However, Ni-Cd
batteries were used extensively over the last few decades;
therefore a significant amount of spent Ni-Cd batteries are
still present in e-waste worldwide.
 CADMIUM
Cadmium is silvery-white, malleable and soft metal. It is
used extensively in the electronics industry: ~45% of cd is
used in batteries, while 20% is used in pigments and 14%
in stabilizers. It is generally found as compound in batteries,
tonners and cartridges. The main source of cadmium found
in municipal solid waste is from Ni-Cd batteries. Due to the
toxic nature of cadmium, toxic/hazardous fumes and dusts
can form during waste processing and management, with
serious detrimental influence on population health in
surrounding areas.
 CHROMIUM
Chromium is usually used as an alloying element. One of
its common applications is to prevent corrosion in steel, as
it has excellent corrosion resistance properties. It is present
in printed circuit boards, data tapes, floppy disks, pigments
and polymers in the form of 𝐶𝑟2 𝑂3 pigment.it has a highly
toxic nature, however the level of toxicity depend strongly
on the valence of chromium: Cr (0), Cr (III) and Cr (VI). Cr
(VI) is considered to be 1000 more than Cr (III). However,
exposure to high levels of Cr (III) can also affect the health
of people living around recycling plants and areas
 COPPER
Copper is one of the most widely used metals in the electric
and electronic equipment due to its excellent conductive
properties. It is the main metal present in circuit boards,
cables, heat exchangers, among many other uses. This
metal is recovered through open burning and acid leaching.
When combusted at low temperatures, it increases the risk
of dioxin formation as well as emissions of copper as
particulate matter. High exposure of copper can lead to
accumulation of excess metal in to the body. This in turn
can cause oxidative damage, and is known to be associated
with metabolism issues and neurodegenerative changes.
 OTHER METALS
A number of other metals are also present in a variety of e-
waste it includes;
Arsenic-can be found in light equipment in small
quantities. However As is known to be highly toxic, and its
exposure result in chronic diseases
Barium- mainly present in CRTs. Ba is unstable in pure
form, but can form toxic oxides when in contact with air.
Even a short exposure of Ba can lead to serious health
issues.
Zinc- used in the manufacture of circuit boards, LCDs,
among others. Metals such as zinc and copper are persistent
in the environment and have a tendency to accumulate in
organs of the body. While these metals are essential for
general health and wellbeing, excessive exposure can lead
to their accumulations in high levels in the human body and
animals, leading to toxic and detrimental health effects.
Americium, Gallium, Selenium, and Beryllium etc are
generally present in ppm range. These elements are mainly
found in smoke detectors, data tapes, semiconductors and
rectifies respectively. Beryllium is classified as a
carcinogen as it can cause lung cancer, and can be inhaled
as a dust, fume and/or mist. Short exposure may leads to
several diseases. Exposure to Selenium is also hazardous
as it may cause selenosis.
 RARE EARTH METALS are mainly employed in the
manufacture of CRTs, printed circuit boards, and also to
improve thermal properties and toughness of alloys in
batteries. An exposure to rare earth metals has been to
increase the risk of respiratory and lung related diseases,
such as pneumoconiosis.
5.2. ORGANIC POLLUTANTS
A range of organic pollutants are either present in-situ in e-waste
or may get produced during its processing or handling. Key
pollutants are described below:
 POLYCHLORINATED BIPHENYLS (PCBs)
PCBs are present in transformers and capacitors as
coolants, lubricants, and dielectrics fluids due to their
chemical inertness and high temperature stability. Being
soluble in fat, these can accumulate in humans and fauna,
provoking intoxication. These compounds can either be
emitted or produced during the processing or handling of e-
waste. Being highly toxic, the use of these POPs was
banned in 1980s. However they still may be present in old
accumulated e-waste or could get formed during their
processing.
 FLAME RETARDANTS
This is a compound present in plastic due to their ability to
resist temperature high enough for a device and/or
appliance to work. Flame retardants are found in the form
of hazardous solids.
 POLYBROMINATED DIPHENYL ETHERS (PBDEs)
Large amount of PBDEs are used in the electronics
industry. These have physicochemical properties similar to
PCBs. These have low reactivity, high hydrophobicity, and
as other POPs, are persistent in the environment, toxic and
bio-accumulative.
 TETRABROMOBISPHENOL-A (TBBPA)
It is one of the most commonly used BFRs. This compound
can get released to the environment when it is present as a
reactive component or an additive component. While
TBBPA can get released into the air, soil and sediment, due
to the poor solubility in water, it is generally not found in
water samples.
 REFRIGERANT GASES
Refrigerant gases are mainly present in the fridges, air
conditioners and freezers. Three types of compounds
generally used for refrigeration are: chlorofluorocarbons
(CFCs), hydro-chlorofluorocarbons (HCFCs) and
hydro fluorocarbons (HFCs). Also known as fluorinated
refrigerants, these are hazardous in nature. As these exist in
a gaseous state at room temperature and have low water
solubility, these preferentially get released into the
atmosphere and have long enough lifetimes to mix well.
Emissions reported here only refer to the end of life
equipment being disposed of. The most harmful compounds
that can be released are𝐶𝐹𝐶12 , 𝐻𝐹𝐶22 𝑎𝑛𝑑 𝐻𝐹𝐶134𝑎 , which
are abundant in the atmosphere. However they have a
deleterious influence on the ozone layer and have been
known to contribute to the global greenhouse effect.
6. SECONDARY CONTAMINANTS
Secondary contaminants are the by-products of or residues generated after
the processing of waste during the recovery of valuable materials. These
are generally produced during the treatment of e-waste via pyro-
metallurgical or hydrometallurgical techniques. Shredding is the most
commonly used techniques to achieve this. Two types of contaminants are
likely to be produced during pre-processing such as shredding and
crushing.

Dusts- handling, manual dismantling or shredding of e-waste in


processing workshops can generate a significant amount of dusts. There
has been evidence regarding the release of high levels of Cd, Cr, Cu, Ni,
Hg and Zn during dismantling and shredding activities.

Solid residues- solid residues left after leaching processes are typically
composed of plastics and other metals

Volatile compounds- hydrometallurgical processes generally use


hydrochloric and/or nitric acid for metal recovery purposes. Their use can
potentially emit volatile compounds of chlorine and nitrogen.

Slags- slags are a by-product of the smelting process, and is mainly


composed of oxides and heavy metals targeted to be separated from the
metal to be recovered in the pyro-metallurgical process. Slags produced
during the smelting process of e-waste generally retain heavy metals and
other hazardous elements, such as Pb, Cd, Cr, As, Sb, Bi, among others.
7. TERTIARY CONTAMINANTS
Tertiary contaminants are reagents used during the processing of e-waste
either to capture target metals or to enhance the separation of various
compounds. These substances have the potential to become hazardous
when managed inappropriately

Leaching agents- various types of solutions are used during the leaching
of e-waste. These includes a range of acids (sulphuric, hydrochloric,
nitric, aqua regia, cyanides, halides (fluorine, chlorine, bromine, iodine
and astatine) thiourea or thiosulphate)

Fluxes and salts- some approaches mix these substances with the e-waste
in the smelting process to either capture valuable metals or to separate and
concentrate materials.

Gas injection- in smelting, oxygen bearing gases such as air are injected
to the bath to oxidize metals.

Electro-refining- in the electro-refining process, electrolyte solutions


composed of acids are used to capture the target metal in a highly pure
form.
8. ENVIRONMENTAL IMPACT OF PROCESSING E-WASTE
 The negative effects on air
Contamination on the air occurs when e-waste is informally
disposed by dismantling, shredding or melting the
materials, releasing the dust particles or toxins, such as
dioxins, into the environment that cause air pollution and
damage respiratory health. E-waste of little value is often
burned, but burning also serves a way to get valuable metals
from electronics, like copper. Chronic diseases and cancers
are at a higher risk to occur when burning e-waste because
it also releases fine particles, which can travel thousands of
miles, creating numerous negative health risks to humans
and animals. Higher value materials, such as gold and
silver, are often removed from highly integrated electronics
by using acids, desoldering, and other chemicals, which
also release fumes in areas where recycling is not regulated
properly. The negative effects on air from informal e-waste
recycling are most dangerous for those who handle this
waste, but the population can extend thousands of miles
away from recycling sites
The air pollution caused by e-waste impacts on animal
species more than others, which may be endangering these
species and the biodiversity of certain regions that are
chronically polluted. Over time, air pollution can hurt water
quality, soil and plant species, creating irreversible damage
in ecosystem. For instance, an informal recycling hub in
Guiyu, China that was formed by parties interest in
extracting valuable metals from e-waste, and subsequently
cause the region to have extremely high lead levels in the
air, which was inhaled and then ingested when returned to
water and soil. This can cause disproportionate neurological
to damage to larger animals, wild life and humans in the
area.
 The negative effects on soil
When improper disposal of e-waste in regular landfills or in
places where it sis dumped illegally, both heavy metals and
flame retardants can seep directly from the e-waste into the
soil, causing contamination of underlying ground water or
contamination of crops that may be planted nearby or in the
area in the future. When the soil is contaminated by heavy
metals, the crops become vulnerable to absorbing these
toxins, which can cause many illnesses and does not allow
the farm land to be as productive as possible.
When large particles are released from burning, shredding
or dismantling e-waste, they quickly redeposit to the ground
and contaminate the soil as well, due to their size and
weight. The amount of soil contaminated depends on a
range of factors including temperature, soil type, PH levels
and soil composition. These pollutants can remain in the
soil for a long period of time and can be harmful to micro-
organisms in the soil and plants. Ultimately, animals and
wildlife relying on nature for survival will end up
consuming affected plants, causing internal health
problems.
 Negative effects on water
After soil contamination, heavy metals from e-waste, such
as mercury, lithium, lead and barium, then leak through the
earth even further to reach ground water. When these heavy
metals reach ground water, they eventually make their way
into water bodies. Through these pathways, acidification
and toxification are created in the water which is unsafe for
animals, plants and communities even if they are miles
away from a recycling site. Clean drinking water becomes
problematic to find.
Acidification can kill marine and fresh water organisms,
disturb bio diversity and harm eco systems. If acidification
is present in water supplies it can damage eco-systems to
the point where recovery is questionable, if not impossible.
 Negative effects on humans
As mentioned, electronic waste contains toxic components
that are dangerous to human health, such as mercury, lead,
cadmium, polybrominated flame retardants, barium and
lithium. The negative health effects of these toxins on
humans includes brain, heart, liver, kidney and skeletal
system damage it can also considerably affect the nerves
and reproductive systems of the human body, leading to
disease and birth defects. Improper disposal of e-waste is
unbelievably dangerous to the global environment, which is
why it is so important to spread awareness on this growing
problem and the threatening aftermath. To avoid these toxic
effects of e-waste, it is crucial to properly e-cycle, so that
items can be recycled, refurbished, resold, or reused. The
growing stream of e-waste will only worsen if not educated
on the correct measures of disposal.
9. HOW CAN WE REDUCE TECHNOLOGICAL GARBAGE?
“Global e-waste is the fastest growing waste stream”, asserts Peter
Bakker, president of the World Business Council for Sustainable
Development (WBCSD) so how actually can we reduce the e-waste which
creates severe damages in our ecosystem.

 Reduce
We are using more and more devices and replacing them more often.
Changing this habit depends as much on the consumer-who should
be less susceptible to marketing strategies that encourage
consumption-as on manufactures who are increasingly adopting
policies like Eco-design.
 REUSE
The experts in electronic recycling recommend that friends or
family inherit devices that work, or that they be offered on the
second hand market. There is also a possibility of donating them to
specialized charities or underprivileged people.
 RECYCLE
When the item no longer works and there is no chance of it being
used by someone close, recycling should be the option. One option
for the consumer is to hand the old device in to the shop where the
new one is being purchased, or to some company that specialises in
electronic refurbishment.
 RE-EVALUATE
Do you really need that extra gadget? Try finding one device with
multiple function.
 EXTEND THE LIFE OF YOUR ELECTRONICS
Buy a case, keep your device clean, and avoid overcharging the
battery.
 BUY ENVIRONMENTALLY FRIENDLY ELECTRONICS
Look for products labelled energy star or certified by the Electronic
Product Environmental Assessment Tool (EPEAT).

UN Sustainable Development Goal (SDG) 12 talks the necessity to


“ensure sustainable consumption and production patterns” referring to
discarded electronic devices, this means achieving ecologically
acceptable management throughout their life cycle, as well as reducing
the release of poisons into the atmosphere, water and soil to minimize
their negative impact on health and the environment.

According to a report published in 2019 by the magazine Environmental


Science & Technology it is 13 times more costly to extract minerals from
natural deposits than it is to recover them from technological waste for the
manufacturers of the new device. Obtaining minerals like platinum,
copper, and palladium does not just involve digging them up and
processing them, it also requires the huge quantities of water and energy.
This where the concept of the circular economy comes in, based on the
use of materials from recycled items and less dependence on the virgin
resource extraction.

Recycling electronic gadgets does not just improve the quality of the
environment, it also brings other benefits. The International
Telecommunication Union (ITU) reckons that these items, correctly
recycled, could generate opportunities worth over $62.5 billion annually
and create millions of new jobs worldwide. With this in mind, both this
organization and the UN have set themselves a target to increase global
recycling to 30% and to reach 50% in countries with legislation on e-
waste.

Bad practices in the processing of e-waste are a handicap and,


paradoxically, these abound in those countries that have the most of it.
Developing countries in South East Asia and sub-Saharan Africa which
are generating a negative environmental impact through lack of the right
infrastructures. Principle among the illegal methods is so-called “informal
recycling”, which consists of using toxic products in the open air and acid
baths.
10. CURRENT CHALLENGES FOR E-WASTE ELIMINATION
E-waste has raised concerns because many components in these products
are toxic and do not biodegrade easily if at all. In many cases, the cost of
recycling e-waste exceeds the revenue recovered from the materials
especially in countries with strict environment regulation. Therefore, e-
waste mostly ends up dumped in the countries where the environmental
standards are low or non-existent and working conditions are poor.
Historically Asia has been a popular dumping ground, but as regulations
have tightened in these countries, this trade has moved to other regions,
particularly West Africa. Most developing countries lack the waste
removal infrastructure and technical capacities necessary to ensure the
safe disposal of hazardous waste. And e-waste has been linked to a variety
of health issues in these countries, including cancer, neurological and
respiratory disorders, and birth defects. Therefore, the fight against illegal
imports of WEEE has become one of the major challenges. From another
perspective, some regulations, which have been established to handle e-
waste, are often limited since they exclude many hazardous substances
that are used in electronics. Moreover, many regulations simply fail to
address the management of e-waste.

Osibanjo states that in Africa, for example, there is highly ineffective


infrastructure for e-waste management. More precisely, there is no well-
established system for separation, sorting, storage, collection,
transportation, and disposal of e-waste. Even worse, there is no effective
enforcement of regulations related to e-waste management and disposal.
Under these circumstances, practical e-waste management in Africa is
unregulated, and rudimentary techniques are widely used. These
techniques include manual disassembly of WEEE without concern of the
hazardous chemicals, heating printed circuit boards (PCBs) to recover
solder and chips, melting and extruding flame retardant plastics, and
burning plastics to isolate metals; generating an average of US $6 worth
of material from each computer (Basel Action Network). This value is not
much especially considering the environmental and health costs of
burning plastics, sending dioxin and other toxic gases into air and the large
volumes of worthless parts dumped nearby landfills, allowing the
remaining heavy metals to contaminate the area and harm life.

India ranks 117 amongst 180 countries and is amongst the bottom five
countries on the environmental performance index 2018, as per report
released at the World Economic Forum 2018. This was linked to poor
performance in the environment health policy and deaths due to air
pollution categories. Also, India is ranked fifth in the world amongst top
e-waste producing countries after the USA, China, Japan, and Germany
and recycles less than 2% of the total e-waste it produces annually
formally. Seelampur in Delhi is the largest e-waste dismantling centre of
India. Adults as well as children spend 8-10 hours daily extracting
reusable components and precious materials like copper, gold, and various
functional parts from the devices. E-waste recyclers use processes such as
open incineration and acid-leeching. This situation could be improved by
creating awareness and improving the infrastructure of recycling units
along with the prevalent policies. The majority of the e-waste collected in
India is managed by an unorganized sector.

Also, informal channels of recycling/reuse of electronics such as repair


shops, used product dealers, e-commerce portal vendors collect a
significant proportion of the discarded electronics for reuse and
cannibalization of parts and components.
11. E-WASTE LEGISLATION IN INDIA
Prior to the enactment of the e-waste management and handling rules,
2011; e-waste was covered under the hazardous waste management
(HWM) rules. Under the environmental protection act 1986, the e-waste
management and handling rules, 2011 were enacted and became effective
from 1st May, 2012. These rules were brought into force to enable
recovery and/or reuse of useful material from e-waste, thereby reducing
the hazardous waste destined for disposal, to ensure the environmentally
sound management of all types of e-waste and to address the safe and
environment friendly handling, transporting, storing, and recycling of e-
waste. For the first time, the concept of Extended Producer Responsibility
(EPR) was introduced which made manufacturers liable for safe disposal
of electronic goods.

Thereafter, the e-waste (management) rules, 2016 were enacted in


supervision of the 2011 rules and came into effect from 1st October, 2016.
A manufacturer, dealer, refurbisher, and producer Responsibility
Organization (PRO) were also brought under the ambit of these rules,
PRO is a professional organization authorised or financed collectively or
individually by producers, which can take the responsibility for collection
and channelization of e-waste generated from their products to ensure
environmentally sound management. An option was given for setting up
PRO as an additional channel for implementation of EPR by producers.
Further, collection mechanism based approach was adopted for collection
of e-waste by producers under EPR. Furthermore, the applicability of the
rules was expanded to cover components, consumables, parts, and spares
of EEE in addition to the equipment covered under the rules.

11.1. HAZARDOUS WASTES MANAGEMENT REGULATIONS

Hazardous waste means any waste which, by reason of any of its physical,
chemical, reactive, toxic, flammable, explosive or corrosive
characteristics, causes danger or is likely to cause danger to health or
environment, whether alone or when in contact with other wastes or
substances.

There are several legislations that directly or indirectly deal with


hazardous waste management. The relevant legislations are the Factories
Act, 1948, The Public Liability Insurance Act, 1991, The National
Environment Tribunal Act, 1995 and the rules and notifications under the
Environment Act. Some of the rules dealing with hazardous waste
management are discussed below:

 Hazardous wastes (Management, handling and Trans


boundary) Rules, 2008, brought out a guide for manufacture,
storage and import of hazardous chemicals and for management of
hazardous wastes.
 Biomedical waste (Management and Handling) Rules, 1998,
were formulated along parallel lines, for proper disposal,
segregation, transport, etc., of infectious wastes.
 Municipal Solid Wastes (Management and Handling) Rules,
2000, aim at enabling municipalities to dispose municipal solid
waste in a scientific manner.
 E-waste (Management and Handling) Rules, 2011 have been
notified on May 1, 2011 and came into effect from May 1, 2012,
with primary objective to reduce the use of hazardous substances in
electrical and electronic equipment by specifying threshold for the
use of hazardous material and to channelize the e-waste generated
in the country for environmentally sound recycling. The rules apply
to every producer, consumer or bulk consumer, collection centre,
dismantler and recycler of e-waste involved in the manufacture,
sale, purchase and processing of electrical and electronic equipment
or components as detailed in the Rules.
 Batteries (Management & Handling) Rules, 2001 deal with the
proper and effective management and handling of lead acid batteries
waste. The Act requires all manufacturers, assemblers, re-
conditioners, importers, dealers, auctioneers, bulk consumers,
consumers, involved in manufacture, processing, sale, purchase and
use of batteries or components thereof, to comply with the
provisions of batteries (Management & Handling) Rules, 2001.
 Public Liability Insurance Act, 1991 was enacted with the
objectives to provide for damages to the victims of an accident
which occurs as result of handling any hazardous substance. The act
applies to all owners associated with the production or handling of
any hazardous chemicals or materials.

11.2. FEATURES OF E-WASTE (MANAGEMENT & HANDLING) RULES, 2011


 The rule consists of VI chapters and III schedules.
1) Under this rule, producers will have to make consumers aware about
the hazardous components present in the product. Also, instructions for
consumers for handling the equipment after its use along with the do’s
and don’ts. They will also have to give information booklets to prevent
e-waste from being dropped in garbage bins.
2) Bulk consumers such as enterprises and the government will be
responsible for recycling of the e-waste generated by them. The bulk
users, personal computer manufacturers, mobile handset makers and
the white good makers will be required to have to ensure that the e-
waste generated by them is channelized to authorised collection centres
or is taken back by the producers. They also have to maintain records
of e-waste generated by them and make such records available with
state pollution control, boards or the pollution control committees.
3) Chapter II deals with the responsibilities entrusted on various agencies
such as on Producer, collection centres, consumer/bulk consumers,
dismantler and recycler.
 The responsibilities of Producer of electrical and electronic
equipment includes the collection of e-waste generated during the
production of electrical and electronic equipment and channelizing
it for recycling or disposal and the 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 wastes
are channelized to recycling or safe environmentally sound disposal.
 Setting up collection centres to take back systems either individually
or collectively.
 Financing and organizing a system to meet the costs involved in
environmentally-sound management of e-waste generated from the
‘end of life’ of its own products and historical waste available on the
date from which these rule came in to force.
 Providing contact details of authorised collection centres to
consumers.
 Creating awareness through publications, advertisements, posters or
by any other means of communication and information booklets
accompanying the equipment, with regard to- information on
hazardous constituents, hazards of improper handling, accidental
breakage etc.
 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.
 Obtaining an authorization from the concerned State Pollution
Control Boards (SPCB) or Pollution Control Committee,
maintaining records and filing return.
4) Responsibilities of collection centres
 Obtain authorization and registration from SPCB in accordance with
the procedure under rules 9 and 11
 Provide details such as address, telephone numbers, e-mail, etc. of
such collection centre to the general public.
 Ensure that the e-waste collected by them is stored in a secured
manner till it is sent to registered dismantler(s) or recycler(s) as the
case may be;
 Ensure that no damage is caused to the environment during storage
and transportation of e-waste
 File annual returns and maintaining records
5) Responsibilities of a bulk consumer includes:
 Consumers or bulk consumers of electrical or electronic equipment
listed in schedule 1 shall ensure that e-waste generated by them is
channelized to authorized collection centres or registered
dismantlers or recyclers or is returned to pick-up or take back
services provided by the producers
 Bulk consumers shall maintain records of e-waste generated by
them in the form 2 and make such records available for scrutiny by
the SPCB or the PCC concerned.
6) Responsibilities of dismantler:
 Obtain authorization and registration from SPCB in accordance with
the procedure under rules 9 and 11
 Ensure that no damage is caused to the environment during storage
and transportation of e-waste
 Ensure that dismantling processes do not have any adverse effect on
the health and environment.
 Ensure that the facility and dismantling processes are in accordance
with the standards or guidelines published by the CPCB from time
to time.
 Ensure that the dismantled e- waste are segregated and sent to the
registered recycling facilities for recovery of materials.
 Ensure that non-recyclable/non-recoverable components are sent to
authorised treatment storage and disposal facilities.
 Not process any e-waste for recovery refining of materials, unless
he is registered with SPCB as a recycler for refining and recovery of
materials.
7) The responsibilities of a Recycler includes;
 Obtain authorization and registration from SPCB in accordance with
the procedure under rules 9 and 11;
 Ensure that the facility and recycling processes are in accordance
with the standards laid down in the guidelines published by the
Central Pollution Control Board from time to time;
 Make available all records to the Central or State Pollution Control
Board or Pollution Control Committee of union territories for
inspection.
 Ensure that residue generated thereof is disposed of in a hazardous
waste treatment storage disposal facility;
 File annual returns within the due date.
8) Further chapter III of the rules deals with the procedure for seeking
authorization and registration for handling e-wastes. Procedure for
grant of authorization. Procedure to suspend or cancel an authorization.
Procedure for registration with SPCB.
9) Chapter IV of the rules deals with the procedure for storage of e-waste
 The e-waste may be stored for a period not exceeding 180 days and
the records pertaining to its collection, sale, transfer, storage and
segregation of wastes shall be maintained and made available for
inspection. The period of storage may be extended up to one year
under special circumstances as specified.
10) Chapter V deals with reduction in the use of hazardous substances
in the manufacture of electrical and electronic equipment.
 The producer of electrical and electronic equipment shall ensure
that, new electrical and electronic equipment does not contain lead
mercury, cadmium, polybrominated biphenyls or polybrominated
diphenyls. Provided that the maximum concentration value of 0.1%
by weight in homogenous materials of these chemicals is permitted.
 Chapter VI deals with the following;
Duties of authorities.
Annual report
Transportation of e-waste
Accident reporting and follow up
 Schedule 1 to the rules specifies the categories of electrical and
electronic equipment.
 Schedule II to the rules specifies application, which are exempted
from the requirement of sub rule (1) of rule 13.
 Schedule III to the rules specifies list of authorities and their
corresponding duties.

11.3. E-WASTE MANAGEMENT RULES, 2016

Looking to the growing problems of e-waste, the central government in


the exercise of the powers provided under section 6, 8 and 25 of the
Environment (Protection) Act, 1986 has notified these rules. E-Waste
(Management) Rules, 2016 supersede the E-Waste (Management and
Handling) Rules, 2011. It consists of 24 rules divided in six chapters and
four schedules. The rules aim to enable the recovery and/or reuse of useful
material from e-waste, thereby reducing the hazardous wastes destined for
disposal and to ensure the environmentally sound management of all types
of waste of electronic and electronic equipment. These rule came in to
force on 1st October, 2016.

The key difference between the previous set of rules that is the 2011
version and the 2016 version of e-waste management rules which is the
current one is the “ reverse chain” that is mandated to be created by the
producers under the Extended Producer Responsibility (EPR) to ensure
electronic products are recovered for safe recycling. A “buy back” policy
for electronics has also been suggested meaning the producers can buy the
products back for safe recycling. Furthermore, the new set has taken
cognizance of and has tried to include the informal sector which handles
over 90% of e-waste generated in India, in the mainstream. The informal
sector will be formalized and the workers will be trained to handle e-waste
rather than burning them after extracting the precious metals from them.
This will fall under the state’s responsibility to train the workers of the
informal sector and including them in the mainstream so as to avoid
leakages to the e-waste generated and recycled. The rules have been
extended to the bulk consumers like companies that buy electronic goods
in masses. The bulk consumers must collect the items and hand them over
to the authorised recyclers and it will be the responsibility of the one
buying in the bulk.
The new rules have for the first time included the Compact Fluorescent
Lamp (CFL) and other mercury containing lamps and equipment in their
ambit. And there is a liability clause with financial penalties, where
environmental degradation is happening and things are not being done
scientifically. Urban local bodies (Municipal
committee/council/corporation) has been assigned the duty to collect and
channelized the orphan products to authorized dismantler or recycler.

11.4. Amendments in E-waste management rules, 2016

The e-waste management rules have been amended vide notification


G.S.R. 261 (E), dated March 22, 2018.

The amendment in the rules has been done with the objective of
channelizing the e-waste generated in the country towards authorised
dismantlers and recyclers in order to formalise the e-waste recycling
sector. The collection targets under the provision of Extended Producer
Responsibility (EPR) in the rules have been revised and targets have been
introduced for new producers who have started their sales operation
recently.

The amended rules revise the collection targets under the provision of
EPR with effect from 1st October, 2017. By way of revised targets and
monitoring under the Central Pollution Control Board (CPCB), effective
and improved management of e-waste would be ensured. As per the
revised targets of e-waste collection, 10% of the quantity of waste
generated shall be collected during 2017-2018. Further, there shall be a
10% increase every year until the year 2023. After 2023, the e-waste
collection target has been fixed at 70% of the quantity of waste generation.

Separate collection targets have been introduced for new producers who
have recently begun their sales operations. These would be producers
whose sales operation are lesser than the average life of their product.

To undertake the activities prescribed for PROs under these rules, the
PROs shall apply to CPCB for registration. This is a significant and note
worth amendment as the requirement of PROs to register with CPCB
would ensure that CPCB can constantly supervise and keep a check on
the activities of PROs.

The CPCB may conduct random sampling of electrical and electronic


equipment placed in the market to monitor and verify the compliance of
reduction of hazardous substances provisions and the cost of sampling and
testing shall be borne by government. However, if the product does not
comply with the reduction of hazardous substances provisions, then the
cost of reduction of hazardous substances test will be borne by the
producer.
12. INTERNATIONAL TREATIES ON E-WASTE MANAGEMENT
 Basel Convention
The Basel convention on the Control and Transboundary
Movements of Hazardous Wastes and Their Disposal is a Global
Environmental Treaty that strictly regulates the transboundary
movements of hazardous wastes. Administered by UNEP, it obliges
parties to the convention to ensure the environmentally sound
management of hazardous wastes, particularly in their disposal. The
convention adopted on 22 march 1989, came in to force on 5 may
1992. The treaty recognizes that the most effective way of protecting
human health and the environment from the danger posed by such
wastes is to reduce their generation to minimum and to minimize
their hazard potential, while ensuring the environmentally sound
management of the hazardous waste. The Basel convention
stipulates three main interdependent and mutually supportive goals:
 Transboundary movements of hazardous wastes should be
reduced to minimum.
 Hazardous wastes should be treated and disposed of as close as
possible to their source of generation.
 Hazardous waste generation should be reduced and minimised at
the source.
India ratified the convention in 1992 showing India’s commitment to
solve the problem of transboundary movement and disposal of hazardous
wastes through international cooperation.

 Bamako Convention

Bamako convention on the ban on the import into Africa and the control
of transboundary movement and management of hazardous wastes within
Africa is a treaty of African nations prohibiting the import of any
hazardous (including radioactive) waste. The convention was negotiated
by twelve nations of the organisations of Africa Unity at Bamako, Mali in
January 1991 and came into force on 1998.

Impetus for the Bamako convention arose from the failure of the Basel
Convention to prohibit trade of hazardous waste to less developed
countries, and from the realization that many developed nations were
exporting toxic wastes to Africa. The Bamako convention uses a format
and language similar to that of the Basel convention, but is much stronger
in prohibiting all imports of hazardous waste. Additionally, it does not
make exceptions on certain hazardous waste (like those for radioactive
materials) made by the Basel convention.

 The Waigani Convention

The Basel Convention establishes a global control system for hazardous


wastes being shipped from one country to another. States which are parties
to the convention must not trade in hazardous wastes with non-parties but
an exception to this is provided in Article 11 of the convention, whereby
parties may enter into agreements or arrangements either with other
parties or with non-parties.

These agreements or arrangements can also set out controls which are
different from those prescribed by the convention itself, provided such
control do not reduce the level of environmental protection intended by
the convention.

The 1995 Waigani convention is a treaty that bans the exporting of


hazardous or radioactive waste to pacific islands forum countries, and
prohibits forum island countries from importing such waste. It also
enables Australia to receive hazardous wastes exported from South
Pacific Forum Island countries which are not parties to the Basel
Convention. The convention has been ratified by Australia, Cook Islands,
Fiji, Kiribati, Federated States of Micronesia, New Zealand, Niue, Papua
New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. It
entered into force in 2001

States that are eligible to ratify the convention but have not yet done so
are France, the United Kingdom, Marshall Islands, The United States and
Palau. Palau has signed the agreement but has not ratified it.
13. CONCLUSION
The informal sector has played a critical role in managing the e-waste in
India with its vast reach and access to waste from both urban and rural
areas. But is that enough? India ranks 117 among 180 countries in the case
of recycling the e-wastes that we generate and often import e-wastes from
other countries to our country without even thinking of the problems it is
about to cause to our environment. The legislations here on the e-waste
problem is not strong enough to protect the interests of environment and
about 85% of the people here are not even aware about the problems that
technological garbage can do to our bio-diversity. People here love to
upgrade their gadgets day by day without even thinking the possibility of
pollution and health problems which can be caused by their previous
gadgets when it becomes trash. The government can and they need to play
a role in generating the awareness which can be a critical driver in
changing the status quo in consumer behaviour.

The best method of disposal is to recycle the electrical and electronic


equipment. Many people do not understand that the parts in the old device
can be reused in the new one as well. While it seems odd that a country
especially India would willingly import another’s waste, the waste is
imported, sometimes illegally. This practice provides jobs and valuable
scraps. The countries that are receiving this has lax laws protecting their
workers or their environment. Many of the workers are children, or are
working countless hours each day. There is also the reality that much of
the refuse from electronic device is hazardous and the dumping of these
in our lands results in pollution and contamination of soil, water and air,
damaging an areas environment and potentially our food sources.

It is high time that we realize that what a small amount of mercury or lead
or cadmium from the e-waste can do to our nature and how it can
contaminate our resources. The way out of this maze is only through
reducing the generation of e-waste, reusing our gadgets and recycling our
electronic wastes. Strict legislations and creating awareness should also
be considered in order to create a green world. Let’s make the world great
again for our future generation to come by.
14. BIBILIOGRAPHY
 E-WASTE (MANAGEMENT AND HANDLING) RULE, 2011
 E-WASTE MANAGEMENT RULE, 2016
 Mondaq.com
 Economics research international- Hindawi.com
Research article/ M. Khurrum S. Bhatta, Adnan Omar, Xiaozhe Yang,
“electronic waste: a growing concern in today’s environment”
 Intechopen.com
R. Cayumil, R. Khanna, R. Rajarao, M. Ikram-Ul-Haq, P.S Mukherjee and v.
Sahajwala (June 29th 2016) environmental impact of processing electronic
waste- key issues and challenges.
 Technological pollution a 21st century problem- iberdrola.com
 sustainabledevelopment.un.org
 www.Basel.int
 www.sourcetoday.com
 www.legalservicesindia.com
 www.downtoearth.org.in
 Vikaspedia.in
 www.meity.gov.in

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