On July 22, 2022, the Indian Ministry of Environment, Forestry and Climate Change (MoEFCC) 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. This regulation applies to producers, waste tyre recyclers, and re-dealers, and imposes obligations such as registration and meeting EPR targets. In addition, in the event that this regulation cannot be complied with, provisions for payment of environmental compensation have been established, and detailed guidelines will be developed separately by CPCB.
- Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2022:
Definition of producer
- Any person or entity who manufactures and sells new tyres domestically
- Any person or entity who sells domestically under its own brand, new tyre manufactured by other manufacturers or suppliers
- Any person or entity who sells imported new tyres
- Any person or entity who imports vehicles fitted with new tyres;
- Automobile manufacturers importing new tyre for use in new vehicles sold domestically
- Any person or entity who imports waste tyres
Obligations of the producer
- Recycling targets for manufacturers or importers of new tyres (EPR obligations)
|Sl. No.||Fiscal Year||Recycling targets for waste tyres|
|(i)||2022-2023 (the year in which this Schedule comes into force)||35% of the quantity of new manufactured or tyres imported in year 2020-2021|
|(ii)||2023-2024||70% of the quantity of new manufactured or tyres imported in year 2021-2021|
|(iii)||2024- 2025||100% of the quantity of new manufactured or tyres imported in year 2022-2021|
|(iv)||After the year 2024-2025 (year Y), the recycling target shall be 100% of the quantity of new tyres manufactured or imported in the year (Y-2).|
|(v)||Units established after the 1st April, 2022, the extended producer responsibility obligation shall start after two years (Y) and shall be 100% of the new tyres manufactured or imported in the year (Y-2)|
- Recycling targets for importers of waste tyres (EPR obligations)
The extended producer responsibility obligation for waste tyre importer in year (Y) shall be 100% of the tyre imported in year (Y-1). The import of waste tyre for the purpose of producing pyrolysis oil or char is prohibited.
EPR certificate generation
Producers shall be deemed to have fulfilled their EPR obligation by purchasing an EPR certificate online from a registered recycler and submitting it through the dedicated portal on a quarterly basis. However, the producer may purchase EPR certificates for up to the limit of 10% of the EPR obligation for the year plus the residual liability for the past year. All recyclers shall submit on monthly basis the information regarding quantity of waste tyres used and end product produced, extended producer responsibility certificates sold and such other relevant information on the portal. (Trading and reporting must be done offline until the dedicated portal is established).
The Central Pollution Control Board shall lay down guidelines for imposition and collection of environmental compensation on the producers in case of non-fulfilment of obligations set out in this Schedule and use of false extended producer responsibility certificate The payment of environmental compensation shall not absolve the producers from the obligation set out in this Schedule and the unfulfilled extended producer responsibility obligation for a particular year shall be carried forward to the next year and so on and up to three years. If the unfulfilled EPR obligation cannot be met within three years, no environmental compensation shall be returned to the producer. Even when the obligation is addressed after first year, 85% of the environmental compensation levied shall be returned to the producers, and in case, the shortfall of extended producer responsibility obligation is addressed after second year, 60% of the environmental compensation levied shall be returned, and in case, the shortfall of extended producer responsibility obligation is addressed after third year, 30% of the compensation levied shall be returned to them.