EPR Compliance in India

Extended Producer Responsibility (EPR) compliance is an important aspect of waste management.  The Central Pollution Control Board (CPCB) oversees adherence to EPR guidelines. and stakeholders must comply with the regulations. CPCB also submits an annual report to MOEFCC to promote transparency and accountability. The report contains information on the sales purchase and exchange of credits. The report provides a comprehensive overview of EPR compliance. It details the efforts and achievements in ethical waste management. 

• Stakeholders, 
• Producer 
• Recycler 
• CPCB

work together to promote a professional approach to waste management.

Types of EPR Compliance 

Producers who generate waste are required to comply with Extended Producer Responsibility (EPR) regulations. Compliance requirements vary based on the type of waste produced. Producers have to obtain recycling credits. according to the relevant EPR rules for different waste categories. These rules cover the following areas.

• E-Waste, 
• Plastic Waste,
• Battery Waste, 
• Tyre Waste.
• Oil waste.

EPR Compliance for E-Waste 

Electronic and electrical equipment producers must comply with Extended Producer Responsibility (EPR) regulations for Electronic Waste (E-Waste). This means that they are responsible for disposing and recycling such equipment responsibly. E-Waste includes 

• Information Technology,
• telecommunication apparatus, 
• medical devices,
• laboratory instruments,
• electrical machinery, 
• textile machinery, and solar panels. 

Producers are required to collect E-Waste and send it to authorized recyclers or dismantlers. It is crucial to ensure that these designated stakeholders have the necessary infrastructure and technology to handle E-Waste safely and efficiently.

Responsibility of stakeholders 

Responsibility of manufacturer 

Manufacturers must prioritize waste management by collecting electronic waste during production and ensuring proper recycling or disposal. They must also use technology and methods to make the end product recyclable. To ensure compliance, manufacturers must file annual and quarterly returns on the designated portal. 

Responsibility of producer 

Producers of electrical and electronic equipment must take responsibility for meeting recycling and waste management standards. They must file annual and quarterly returns on the portal to ensure compliance. Producers have to purchase a recycling certificate from a registered recycler to fulfil their liabilities. 

Responsibility of refurbisher 

Refurbishers are required to dispose of electronic waste generated during the refurbishing process by handing it over to a registered recycler. The refurbished equipment should meet the standards of the Bureau of Indian Standards and the compulsory registration scheme of the Ministry of Electronic and Information Technology. Refurbishers must file quarterly and annual returns on the portal before the end of the month following the quarter or year to which the return relates. 

Responsibility of recycler 

Recyclers and dismantlers need to ensure proper material flow and disposal of residue. All e-waste activities must be recorded and reported on the portal. Facilities and processes must align with standards set by the Central Pollution Control Board, and annual and quarterly returns must be submitted to the concerned state pollution control board.

Epr credit 

Epr credit for producer 

Producer shall fulfil their EPR obligation through the online purchase of EPR credit from registered recyclers only and submit it online by filing quarterly returns.

A producer may purchase an EPR  certificate limited to its EPR  liability of the current year plus any leftover liability of preceding years plus 5 per cent of the current year liability.

As soon as the producer purchases the refurbishing certificate its EPR  liability shall be deferred automatically for the relevant quantity of the product, for the duration as recommended by CPCB.

Exception 

As soon as the producer purchases EPR credit it shall be automatically adjusted against its liability and priority in adjustment shall be given to earlier liability and the EPR credit so adjusted shall be automatically extinguished and cancelled.

Refurbishing credit 

e-waste shall also be allowed for refurbishing and refurbishers shall have to get registered on the portal based on the data provided, 

On production of the refurbishing credit purchased from the registered refurbisher the EPR of the producer shall be deferred by the duration as addressed by CPCB for the corresponding quantity of e-waste and shall be added to the EPR  of the producer upon expiry of the extended life of the refurbished product.

To incentivise refurbishing, only 75 per cent of the deferred quantity shall be added to the EPR of the producer for recycling upon expiry of the extended life of the refurbished product.

Validity of EPR Credit 

The validity of the EPR credit shall be two years from the end of the financial year in which it was generated 

If a producer has an EPR obligation of 100 tonnes in the year 2023-2024 then the producer purchases a recycling credit of 60 tonnes and a refurbishing credit of 40 tonnes and the concerned product has an extended life of 5 years due to refurbishing.

In this case, 60 tonnes of the EPR  of the producer shall be achieved in the year 2023-2024 itself and 75 per cent of the reaming 40 tonnes i.e 30 tonnes shall be carried over and added to the EPR of that producer for the year 2028-2029 for that product.

Description of EPR credit 

Epr credit shall have a unique number containing the year of generation, code of end product, recycler code, and a unique code.

The  EPR  credit shall be in the denomination of 100, 200,500,1000 kg or such other denomination as addressed by the cpcb with the approval of the steering committee.

Prosecution 

Any stakeholder who provides incorrect information required under these rules for obtaining EPR credit uses or causes to be used false or forged EPR credit in any manner, wilfully violates the directions fails to cooperate in the verification and audit proceedings may be prosecuted and this prosecution shall be in addition to the environmental compensation levied.

Annual return submission 

Stakeholder need to file an annual return on or before the 30 june following the financial year to which that return relates.

CPCB shall submit an annual report to the MOEFCC regarding the status of the implementation of e- waste management rules with quantitative and qualitative analysis along with its recommendations within one month of the end of the financial year.

EPR Compliance for Plastic Waste

MoEFCC notified the Plastic Waste Management Rule, 2016, on 18th March 2016. This rule imposes responsibilities on local bodies, gram panchayats, waste generators, retailers, and street vendors to manage plastic waste effectively.

CPCB has identified an advanced category of plastic waste, known as biodegradable plastics. These plastics, distinct from compostable plastics, undergo degradation through biological processes in specific environments such as soil, landfills, sewage sludge, freshwater, and marine environments. Importantly, this degradation process occurs without leaving behind any microplastic, visible residue, or toxic byproducts that could have adverse environmental impacts.

Extended Producer Responsibility (EPR) compliance for Plastic Waste encompasses the handling of plastic waste from collection and segregation to recycling. Plastic packaging is categorized into four categories 

• Rigid plastic packaging,
• flexible plastic packaging of single-layer or multilayer, plastic sachet, carry bags,
• multilayered plastic packaging, 
• compostable plastic packaging. 

This approach involves meticulous handling of plastic waste, both pre-consumer and post-consumer plastic packaging waste. 

The Central Pollution Control Board has established guidelines for EPR compliance for plastic packaging, which promotes sustainable practices. These guidelines include

•  package designing promoting reuse
•  package designing amenable to recycling,
• recycled plastic content in plastic packaging material. 

Stakeholders who need to fulfil compliance –

• producers, 
• importers, 
• brand owners
• Recyclers 
• Plastic waste processors [ PWP ]

Epr credit 

In cases where it is not possible to meet the obligation concerning recycled plastic content of statutory requirement, the exemption will be granted by CPCB on a case-to-case basis. however, in such cases, the producers, importers & brand owners will have to fulfill their obligation to use recycled content through the purchase of a certificate of equivalent quantity from such producers, importers & brand owners who have used recycled content over their obligation. CPCB will develop a mechanism for such exchange on the centralized portal.

Annual return submission 

PIBO 

Pibo shall file an annual return on the plastic packaging waste collected and processed towards fulfilling the obligation under EPR  with the CPCB or concerned spcb or PCC as per pro forma prescribed by CPCB by the 30 june of the next financial year 30 November 2025.

Information on the reuse and recycled content used for packaging purposes will also be provided. The details of the registered recyclers from whom the recycled plastic has been procured will also be provided.

Plastic waste processors 

Plastic waste processors shall submit annual returns after the end of every financial year by 30 April of the next financial year on the quantity of plastic waste processed category-wise as per the prescribed pro forma on the centralized portal developed by CPCB. 

EPR Compliance for Battery Waste 

EPR compliance is a comprehensive framework that includes stakeholders engaged in activities related to batteries and their waste – such as collection, segregation, transportation, refurbishment, and recycling of batteries. The framework covers different types of batteries, such as 

• Portable, 
• Automotive,
• Industrial 
• electrical vehicle batteries. 

Battery refers to a new or refurbished battery, including an accumulator, which is any source of electrical energy generated by direct conversion of chemical energy and includes a disposable primary or secondary battery.

Stakeholders involved in the refurbishment and recycling of waste batteries must be registered under the rules. They are mandated to provide a certificate to demonstrate the proper processing of batteries and their waste  This certificate serves as proof of compliance and transparency in adherence to the Battery Waste Management Rule 2022. Stakeholders are as follows 

• Producers,
• Recyclers 

The registered stakeholder must provide detailed documentation describing the types and quantities of batteries that have undergone refurbishment and recycling. This information is pivotal in fulfilling Extended Producer Responsibility obligations To regulate the issuance of certificates, the Central Pollution Control Board plays an important role in overseeing and regulating the process.

 Recycling of batteries and their waste include materials such as – 

• Lead 
• Nickel 
• Lithium 
• Nickel 
• Cobalt 
• Mercury 
• Cadmium 
• (Plastics, rubber, glass)

 

Epr credit 

Epr credit will be generated by CPCB through the centralized portal based on the recycled or refurbished quantities and assigned to recyclers or refurbishers. The recyclers or refurbishers can sell the assigned EPR credit to the producer 

Refurbishing credit 

EPR certificate for recyclers and refurbishers shall be generated based on the weight of the waste battery processed, percentage fulfilment of material recovery targets for a specified year and geographical source of battery such as domestic or imported.

The total weight of waste batteries processed by stakeholders involved in refurbishing waste batteries quarterly shall be made available on the portal developed by the cpcb for the generation of EPR credits.

Exemption of refurbishing credit 

No EPR credit shall be generated for the recycling or refurbishment of waste batteries imported under the hazardous and other waste rules, 2016.

EPR credit for producer 

producers will meet their EPR obligation through the EPR credit made available by the recycler or refurbisher. 

In case of non-availability of EPR credit with recyclers or refurbishes, the producer shall have the responsibility of collection as well.

A producer can meet its EPR obligation under a category by purchasing surplus EPR credit from other producers of the same category of battery.

A producer can purchase EPR  credit limited to its EPR  liability of the current year plus any leftover liability of the preceding years plus ten per cent of the current year liability. 

Epr credit purchased by the producer will be automatically adjusted against their liability.

• Priority in adjustment will be given to earlier liability 
• EPR certificates are used by the producers to meet EPR obligations and shall not be exchanged again.

Validity of credit 

Epr credit generated by the refurbisher or recycler shall be valid for seven years for meeting the obligation of a producer.

Epr obligation for producer 

Every producer shall have the obligation of EPR  for the battery that they introduce in the market and the battery which they put to self – use, to ensure the recycling or refurbishing obligation as per Schedule 2.

Every producer shall have the obligation for environmentally sound management of pre-consumer waste batteries generated during the manufacturing assembling or import of a battery or battery pack every producer shall file the annual return in a form in respect of pre-consumer waste batteries generated in the preceding year.

Validity of compliance  

Collection of 100 % waste battery and 100% refurbishment or recycling shall be mandatory by the end of the seven-year compliance cycle. however, there may be a carry forward of up to 60 % of the average quantity of batteries placed in the market per year during the seven-year cycle to the next compliance cycle.

Annual return submission 

Producer shall file an annual return in form 3 regarding the waste battery collected and recycled or refurbished towards fulfilling obligations under  EPR with the CPCB and concerned SPCB in form 3 by 30 june of the next financial year. The details of the registered recyclers from whom the EPR  credit has been procured shall also be provided.

Quarterly return 

Refurbisher shall furnish quarterly returns in form 4 Regarding the information on quantity of used batteries collected or received from various producers or stakeholders, refurbished quantities, the quantity of hazardous and other waste including solid waste or plastic waste generated after refurbishment and disposal of such quantity as per rules and the quarterly return shall be filed by the end of the month succeeding the end of the quarter.

EPR Compliance for tyre waste 

Extended Producer Responsibility (EPR) for waste tyres entails the obligation of tyre producers to ensure environmentally sound management of waste tyres. MOEFCC  issued a notification on 31 December 2021, amending the hazardous waste rules to include provisions for the utilization and management of waste tyres. The stakeholders involved in this framework include

• Producers, 
• Recyclers of Waste Tyres, 
• Retreaders of Waste Tyres.

The EPR certificates are tangible evidence of the sustainable management of waste tyres. Producers can purchase retreading certificates to defer their EPR obligations, but they must still obtain recycling certificates to fulfill their obligations. This encourages the prioritisation of tyre recycling.

The Central Pollution Control Board (CPCB) has developed a centralized EPR portal to simplify and streamline the process. This portal enables them to 

• register, 
• generate and 
• trade EPR certificates.

 Stakeholders can also file their EPR obligations using the portal, making the regulatory compliance process more accountable.

Epr credit 

CPCB shall generate EPR credit through the portal in favour of a registered recycler and the eligible quantity for generating EPR credit.

Producers using EPR credit 

The producer shall fulfil their EPR  obligation through online purchase of EPR credit from registered recyclers.

The EPR target of the producer shall be reduced by a factor laid down by the CPCB on account of wear and tear of tyres.

Recycler EPR  credit 

The waste tyre shall be allowed for retreading and a retreader shall have to get registered on the portal for issuance of retreading certificates.

On production of the retreading certificate, the EPR obligation shall be deferred by one year for the corresponding quantity of waste tyres provided that the obligation shall be extinguished only after end-of-life disposal through a registered recycler.

Annual return submission 

Producer 

Producer shall be responsible for filing annual and quarterly returns in the form as specified by the CPCB on the portal on or before the end of the month succeeding the quarter to which the return relates and each registered stakeholder shall have to file the quarterly return.

Recycler 

All the recyclers shall file annual and quarterly returns in the form as specified on the portal on or before the end of the month succeeding the quarter to which the return relates 

All the recyclers shall submit monthly the information regarding the quantity of waste tyres used end product produced, and EPR  certificate sold.

Epr compliance for used oil 

Epr compliance for used oil means the responsibility of the producer of base oil or lubrication oil or importer of used oil to meet recycling targets only through registered recyclers.

The extended producer responsibility  covers the following modes for managing the used oil as follows –

• producing re-refined base oil or lubrication oil 
• Energy recovery 

EPR obligation for used oil importers shall be 100 per cent of the used oil imported. The import of used oil is permitted for re-refining.

Exemption 

The EPR target of the producer shall be reduced by a factor laid down by the cpcb on account of the operational loss of base oil.

As soon as the producer and used oil importer purchase the extended producer responsibility certificate, it will be automatically adjusted against its liability, priority in adjustment shall be given to earlier liability and the extended responsibility certificate so adjusted shall be automatically extinguished and cancelled. 

Epr credit 

Producers may fulfilX their EPR through online purchase of EPR certificates from registered recyclers 

EPR certificate shall have a unique number containing the year of generation, code of end product, recycler code and a unique code as addressed by cpcb with the approval of the steering committee.

A producer may purchase an EPR  certificate limited to its EPR liability of the current year plus any leftover liability of the preceding year plus 10 per cent of the current year’s liability.

Validity of EPR certificate 

The validity of the EPR  credits shall be two years from the end of the financial year in which it was generated.

Responsibility of stakeholder 

Responsibility of producer 

• The producer of base oil or lubrication oil shall be responsible for registration on cpcb portal 
• Fulfilling EPR  target 
• Filing annual returns in the form provided on the portal on or before 30 june following the financial year to which that return relates.

Responsibility of used oil importer 

• The used oil importer shall be responsible for registration on cpcb portal 
• Fulfilling EPR  target 
• Filing annual returns in the form provided on the portal on or before 30 june following the financial year to which that return relates.

Responsibility of collection agent 

• All used oil collection agents shall have to register on the portal
• The collection agent shall have to collect used oil from generators and supply it to the registered recycler or producer following these rules and upload information on the portal.
• Filing quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter to which the return relates.
• Filing annual returns in the form provided on the portal on or before 30 june following the financial year to which that return relates.

Responsibility of recycler

• All used oil recyclers shall have to register on the portal.
• All used oil recyclers shall have to ensure that the facility and recycling processes are following rules as addressed by cpcb.
• Ensure that the residue generated during the recycling process is disposed of by following rules prescribed by cpcb. 
• Filing quarterly returns in the prescribed form on the portal on or before the end of the month succeeding the quarter to which the return relates.
• Filing annual returns in the prescribed form provided on the portal on or before 30 june following the financial year to which that return relates.

Responsibility of bulk generators 

• Bulk generators shall set up collection points to facilitate collection agents for the collection and transportation of used oil from their premises.
• Bulk generators shall ensure that used oil generated by them is handed over only to the registered recyclers producers or collection agents.

Conclusion 

Compliance requirements vary based on the type of waste produced, and producers have to obtain recycling certificates according to the relevant EPR rules for different waste categories. Manufacturers, producers, refurbishers, and recyclers must fulfill their responsibilities in meeting recycling and waste management standards and file annual and quarterly returns on the portal to ensure compliance. 

By using the EPR mechanism and CPCB’s centralized portal, the regulatory framework aims to ensure the responsible management of waste while ensuring compliance.

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