By Rupin Chopra and Raj Kumar Gupta
The Ministry of Environment, Forest, and Climate Change has introduced a new amendment called the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022 (hereinafter referred to as “Amendment Rules”) for “Extended Producer Responsibility (EPR) for Waste Tyre” which came into effect from July 21, 2022. Schedule IX has been has been inserted vide the Amendment Rules which lays down the provisions relating to the utilization and management of waste tyres by producers, recyclers, and retreaders (hereinafter referred to as entities).
ERP is referred as the responsibility imposed on producers of tyres to ensure environmentally and sound management of waste tyre so as to protect the health and environment against any adverse effects which may result from such waste tyre.
Salient Features of the Amended Rules
1. Registration of entity – As per Rule 3 of the Amendment Rules, all the entities are required to register on the portal developed by the Central Pollution Control Board (CPCB) before commencing or continuing their business activities.
a) For producers (manufacturers or importers) of new tyres- The ERP obligation imposed is as follows:
|Sr. No.||Year||Waste Tyre Recycling Target in Weight (Kilogram or Tons)|
|(i)||EPR obligation of the year 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)||EPR obligation of the year 2023-2024||70% of the quantity of new manufactured or tyres imported in year 2021-2022|
|(iii)||EPR obligation of the year 2024-2025||100% of the quantity of new manufactured or tyres imported in year 2022-2023.|
|(iv)||After the year 2024-2025 (year Y), the extended producer responsibility obligation 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).|
b) For importers of waste tyre- The ERP obligation imposed is 100% of the tyre imported in the preceding year I.e., (Y-1).
c) For retreading – The ERP obligation on waste tyre which has been retreaded shall be deferred for 1 year.
3. Responsibility of Producers –
Producer is referred to as any person or entity who,
- Manufactures and sells new tyres domestically; or
- Sells domestically under its own brand, new tyre manufactured by other manufacturers or suppliers; or
- Sells imported new tyre; or
- Imports vehicles fitted with new tyres; or
- Automobile manufacturers importing new tyre for use in new vehicles sold domestically; or
- Imports waste tyre.
As per Rule 7 of the Amendment Rules, Producer is required to fulfill his ERP obligation by purchasing the ERP certificate from registered recyclers and submit it online on the portal by filing quarterly return.
4. Responsibility of Recycler –
Recycler is referred to as any person who is engaged in the process of converting waste tyre into following end products, in an environmentally sound manner;-
- Reclaimed rubber;
- Crumb rubber;
- Crumb rubber modified bitumen;
- Recovered carbon black, which is usable as raw material for manufacture of new tyre;
- Pyrolysis oil or Char, which is used only as a fuel and not as raw material for manufacture of new tyre;
As per Rule 8 of the Amendment Rules, Recycler is obligated to submit the information regarding the quantity of waste tyres used and end product produced, ERP certificates sold to the producer, and such other relevant information as required by CPCB, on the portal on monthly basis.
5. Environmental compensation – Producers and recyclers who do not comply with the provisions of this newly added schedule shall be liable to pay an environmental compensation as determined in accordance with the guidelines laid down by CPCB.
6. Prosecution – In addition to the environmental compensation imposed by CPCB on producers and recyclers for non-fulfilment of obligation under Schedule IX, any person who provides incorrect information for obtaining ERP certificate, over generates ERP certificates above 5% of the actual waste recycled, or willfully violates the provisions of this Schedule, shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both.
The new Amendment Rules laying down the responsibilities of producers, recyclers, retreaders for environmentally sound management and disposal of waste tyre have been notified with effect from July 21, 2022. However, no corresponding guidelines, bye-laws, or Standard Operating Procedures (SOPs) have yet been issued by CPCB detailing the process in order to comply with the provisions of Amendment Rules.
- G.S.R. 593 (E) dated July 21, 2022
- Rule 2 of Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022