India India issues draft Regulation on Extended Producer Responsibility for waste tyres

India issues draft Regulation on Extended Producer Responsibility for waste tyres

NOTE:
On July 22, 2022, the Indian Ministry of Environment, Forestry and Climate Change (MoEFCC) officially published the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, which add extended producer responsibility (EPR) for waste tyres to Schedule IX of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. See more details in the following page:
India amends to add EPR for waste tyres

 

On January 1, 2022, the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) issued a draft Regulation on Extended Producer Responsibility for Waste Tyres and is inviting comments for 60 days. The draft is established under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, and waste tyres are classified as “other waste” (Schedule III, Part B at Basel No. B-3140). Producers and recyclers of waste tyres shall register online with the Central Pollution Control Board (CPCB). Producers are required to meet annual waste tyres recycling targets, and recyclers are obligated to report the information such as quantity of waste tyres used and end products produced, and EPR Certificate sold on monthly basis. There is a provision ordering the payment of environmental compensation if these obligations are not complied with, and detailed guidelines will be developed separately by the CPCB. The draft Regulation is to come into force from the Financial Year 2022 (from April 2022).

Entities to be covered under the Regulation

Producers (any person or entity who manufactures new tyres, imports new tyres, or imports waste tyres) and recyclers of waste tyres.

Obligations of producers

  • Recycling target for manufactures/importers of new tyres (EPR obligations)
Sl. No Financial Year (FY) Waste tyre recycling target
(i) FY 2022 (the year in which this Regulation comes into force) 35 % of the quantity of new tyres manufactured/imported in FY 2020
(ii) FY 2023 70 % of the quantity of new tyres manufactured/imported in FY 2021
(iii) FY 2024 100 % of the quantity of new tyres manufactured/imported in FY 2022
(iv) After FY 2024, the recycling target will be 100 % of the quantity of new tyres manufactured/imported in the year before the last.
(v) For units established after April 1, 2022, the recycling target will be 100 % of the quantity of new tyres manufactured/imported in the year before the last, and the application of the recycling target shall begin two years later.
  • Recycling target for waste tyre importers (EPR obligation):
    The recycling target for the concerned year (Y) will be 100% of the quantity of waste tyres imported in the previous year (Y-1). The import of waste tyres for the purpose of producing pyrolysis oil/char is prohibited.
  • Producers shall fulfill their EPR obligation by purchasing EPR Certificate online from registered recyclers and submitting them quarterly.
  • The recycling target of producers may be lowered by a factor prescribed by CPCB on account of wear and tear of tyres.

Background to the development of the draft Regulation

A committee was constituted in India to study circular economy in tyre and rubber recycling industry, and MoEFCC consulted with members of the committee to develop a comprehensive action plan to manage waste tyres. Using the outcomes of the consultations, MoEFCC prepared a report on circular economy that recommends EPR for managing waste tyres. The report was approved and submitted to National Institution for Transforming India (NITI Aayog) in August 2021. The draft Regulation on Extended Producer Responsibility for Waste Tyres was then published as a subordinate law to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

Where to submit comments on the draft Regulation (in writing or by email)

Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi – 110003

[email protected] / [email protected]

 

The original text of the draft Regulation can be downloaded from the following URL (in Hindi and English).
https://egazette.nic.in/WriteReadData/2021/232335.pdf

Author / Responsibility

YAMANOUCHI Kengo

Senior Research Associate, Research & Consulting Dept. EnviX Ltd.

Business Performance

In charge of South Asia (India, Bangladesh, etc.), South Korea, Latin America (Mexico, Colombia, etc.) and Turkey for managing infomation on the environmental regulations

Background

MA, Environment, Development and Policy, University of Sussex

YAMANOUCHI Kengo