Weeks after Newslaundry’s investigation into e-waste recycling facilities in four states, the Union Ministry of Environment, Forests and Climate Change (MoEFCC) has notified the Environment Audit Rules, making way for a second line of regulatory mechanism for environmental compliance.

Under the Rules, the central government can employ registered environment auditors to inspect projects and facilities governed by environmental laws and regulations, including the extended producer responsibility (EPR) framework. Under the EPR framework, producers (e-waste, battery, plastic, etc) are required to collect and recycle their end-of-life products as per their annual targets set by the Central Pollution Control Board.

The Rules mandate environment auditors to “undertake environment audit assigned by the Central Pollution Control Board, either directly or through a designated agency, or by the State Pollution Control Board or the Pollution Control Committee, including under the Extended Producer Responsibility framework as prescribed in the rules notified under the Environment (Protection) Act, 1986”.

These independent auditors can check for compliance under E-Waste (Management) Rules, 2022, Plastic Waste Management Rules, 2016, Battery Waste Management Rules, 2022, and other such subordinate rules under the Environment Protection Act.

Newslaundry's investigation into 41 government-approved e-waste recycling plants across four states has found that 75 percent of these, or 31 facilities, either didn’t exist,  were permanently shut, or appeared to be running ghost operations. Some of these facilities that didn’t exist were given consent to operate by state pollution control boards. Periodic audits or surprise checks of the 31 suspicious plants were nearly absent or compromised. You can read the first two parts of the series (here, here). 

A press release from MoEFCC argued that the existing regulatory framework comprising the CPCB, state pollution control boards, and pollution control committees was facing constraints “in terms of manpower, resources, capacity, and infrastructure”. At an event on Tuesday, environment minister Bhupendra Yadav said that environment auditors will supplement the existing regulatory framework.

Environment auditors can also audit projects and activities under the Environment (Protection) Act, 1986, or Air (Prevention and Control of Pollution) Act, 1981, or Water (Prevention and Control of Pollution) Act 1974, or Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, and Wild Life (Protection) Act, 1972.

The Environment Audit Designated Agency (EADA) will undertake the overall management of environment audit by registering and certifying auditors, specifying their eligibility criteria, and developing screening methods for suitable candidates.

Newslaundry’s investigation into the murky world of e-waste recycling was made possible because of our subscribers’ contributions to our Sena project.  

We have another Sena project that tracks how elite Indians take over public spaces in urban India. From Delhi to Chennai, Bengaluru to Hyderabad, our reporters will track the worst offenders, the laws being broken, and the price that’s paid by the public – and you.

This is a series that will stand for your rights in your city. Click here to contribute.