EPR Compliance in India

India generates thousands of tonnes of plastic waste every single day. This is not a problem considering the population of the country but problems arise when only sixty per cent of this waste gets collected. The remaining forty per cent does not even gets into the sight of the government and thus becomes a severe threat to the environment and health of the citizens. We just talked about plastic waste and there are several other types of waste including e-waste, battery waste, hazardous waste etc. When we take into account the overall amount of waste we are generating and a huge portion of it is not even reaching the treatment centre, the situation becomes more threatening and it becomes inevitable for the authorities to draft strict rules for waste management.

The Ministry of Environment, Forest and Climate Change took notice of this and made rules to regulate the production, import, transport, recycling and disposal of the products resulting in harmful waste. To take this situation under control, the Indian Government has released the list of EPR Compliance and notified new rules for the management of e-waste, plastic waste, battery waste, and hazardous waste. If we look at the latest releases then E-Waste Management Rules 2022, Plastic Waste Management Rules 2016 (as amended in 2022), Battery Waste Management Rules, 2022 and Hazardous & Other Waste Management Rules, 2016 (as amended in 2022) are in force currently.

What is EPR Compliance in India?

EPR Policy is based on the ‘Polluter Pays’ principle. When a producer's product is no longer in need or use, it becomes the responsibility of the producer to dispose of it on his expenditure and keep the environment safe. The Government of India adopted this principle and accordingly drafted rules regarding EPR. EPR stands for “Extended Producer Responsibility”. Through EPR, the government extends the duties of businesses operating in the country beyond just manufacturing and distributing their products to keep a record of waste in circulation and dispose of or recycle them at the end of product life. It is an exercise and a policy method in which Producers take accountability for the proper disposal of the waste generated from their product. This way they fulfil their obligation to keep the environment clean and safe.

Protecting and improving our natural surroundings and environment is our constitutional mandate. It is widely accepted that the right to life under Article 21 also embraces the right to live in a wholesome, pollution-free, safe, and healthy environment. This has to be read with Articles 48-A and 51-A(g) which impose a duty on the State to preserve and improve the environment. It makes the State as well as the citizens responsible for the preservation of the natural environment. The CPCB, SPCB and PCC are responsible to monitor the producers and ensure that they comply with the standards laid down by the waste management rules and achieve the targets set through these rules.

The EPR Policy was implemented with the expectation to achieve various environmental benefits but it also comes with many benefits for the producers, the governments and the society as well. These benefits of extended producer responsibility policy can be divided into the following categories:-

• For the Government

Every year, the government spend crores to deal with waste and EPR proves to be the solution to this problem as it puts all burden of waste management, disposal, and recycling onto the producers. It saves a lot of funds for the government which it can now use for various different schemes which otherwise would have gone for the management of waste created by the businesses.

• For the Society

EPR makes it compulsory for producers to run awareness campaigns. These campaigns spread awareness among the citizens about the recycling process, waste collection etc. This helps to build a better society that can actively contribute to the sustainable development of the country.

• For the Environment

EPR recommends minimising the use of hazardous substances by the producers in their products. It results in the reduction of harmful chemicals and toxins in circulation and decreases the risk of harmful exposure to the environment.

• For the Producers

With this strategy, the government encourage the producers to build environment-friendly products whenever possible. The producers also try to implement such practices, so that they can save on the EPR costs which otherwise would have gone to recycle the product.

• Develops Recycling Culture

EPR encourages not just producers but also citizens through awareness campaigns that develop a recycling culture in society. Consumers get motivated for the deposition of recyclable materials and producers collect and recycle them to complete their EPR obligation.

Who Needs to Follow EPR Compliance in India?

The producers, manufacturers, brand owners, importers, recyclers, refurbishers, resellers and other waste generators are required to follow EPR compliance in India if they are dealing with the waste types as specified in the waste management rules. These wastes include E-Waste, Plastic Waste, Battery Waste, and Hazardous Waste. Different rules deal with different kinds of waste. If you are involved in such waste you need to comply with all EPR guidelines. For example- the business of recycling batteries, producing solar plates, using plastic packaging etc.

There is various kind of Extended Producer Responsibility Compliance based on the type of waste. Different types of waste and their management or processing are governed by different rules. E-Waste Management Rules deal with Electronic Waste. Similarly, there are rules for Battery Waste, Hazardous Waste, Plastic Waste, etc. EPR Compliance in India requires producers to get certificates under these rules concerning the type of waste:-

• EPR Compliance for E-Waste
• EPR Compliance for Plastic Waste
• EPR Compliance for Battery Waste
• EPR Compliance for Tyre Waste

EPR Compliance for E-Waste

When an electrical or electronic product is discarded because of non-working or fault in any part of that product, it usually goes for refurbishment or repair but even if it is rejected from there then it is called e-waste.

EPR Compliance for Plastic Waste

Plastic waste refers to discarded plastic materials that are no longer needed and have become a form of waste. It can include various types of plastic products such as packaging materials, single-use plastics, plastic bottles, plastic containers, and other plastic items that are thrown away after use.

EPR Compliance for Battery Waste

Battery waste means the waste generated from a cell, battery, or their component, including an accumulator, which is any source of electrical energy generated by direct conversion of chemical energy and includes disposable primary or secondary batteries.

EPR Compliance for Tyre Waste

Tyre waste refers to discarded or used tires that are no longer usable and have become waste. Tires are used in various types of vehicles, including cars, trucks, buses etc. and they can become waste when they are damaged, worn out, or replaced with new tires.

Producers that contribute to waste generation which has to be treated for a clean and healthy environment are required to fulfil their responsibilities under EPR Compliance in India for the undoing of the injury they incur on nature through their business. It includes:-

• Promoting Waste Management
• Apply for EPR Authorization & collect their EPR Certificate
• Label their products with appropriate recycling/collection instructions
• Collect their end-of-life products
• Direct the waste for recycling or refurbishing
• Direct waste to Treatment, Storage and Disposal Facilities (TSDF) in certain cases
• Submit details to the CPCB Portal
• Fulfil EPR Targets
• Provide details of collection centres
• Filing annual returns

When you have EPR authorization from an appropriate authority, then there are many forms of compliance that your company and its employees must uphold. Compliance refers to sticking to the rules prescribed for the producers as per their business. It means you need to go with relevant rules, as well as any internal or external standards. Not sticking to compliance can lead to a penalty or cancellation of the authorization issued by the department. Penalties are usually in form of environmental compensation.

List of EPR Compliance

A producer is first required to register his business with the Central Pollution Control Board and then after he gets the EPR authorization. Under EPR authorization, he is bounded to comply with the following regulations, which are also known as EPR compliance. Some of the major EPR compliance in India are as follows- 

• Creating awareness about waste through various methods that include media publications, newspaper posters, awareness programs, seminars, & digital promotion.
• Provide information on address, e-mail address, toll-free telephone numbers etc to facilitate the collection and recycling process. 
• Provide information on hazardous constituents if any.
• Providing information on hazards of improper handling, disposal, accidental breakage, etc.
• Providing instructions for handling and disposal of the equipment after its use.

Compliance Differences for Refurbishing & Recycling

Refurbishing constitute a partial relief in the EPR obligation of the producer because the product comes back into the market and the EPR obligation renews for that recirculated product. While Recycling gives full relief in the EPR obligation of the producer because the product reaches its end-of-life and the very existence of the product gets cancelled.

For EPR compliance, you must ensure that you are not missing any condition prescribed in the environmental rules applicable to your particular business. As long as you are fulfilling all these rules, you are very well complying with the EPR compliances. For this, you may need to get some clearances, authorizations, and certificates and that requires some documents depending exactly on the business purpose-

For Company Verification

• KYC Certificate
• Authorized Signatories
• Board Resolution

For Land Ownership Verification

• Rent Deed, or
• Lease Deed, or
• Land Ownership Certificate

For Tax Liability Verification

• Company Pan Card
• GST Certificate

If the producers are not able to achieve their EPR Target in the present financial year, their remaining extended producer responsibility obligation will be carried forward and added to their next year’s EPR obligation. These recycling targets are prescribed in respective waste management rules and notified by the Ministry of Environment, Forest and Climate Change and then monitored by respective Pollution Control Board or Committee. It depends on the number of products placed in the market by the company in the previous financial year and the leftover extended producer responsibility obligation which was carried forward.

We at Corpseed have a team having extensive knowledge relating to various horizons of Environmental Laws and Regulations. We perform desk-based research, documentation, and coordination to help clients in establishing their businesses and fulfilling the compliances as prescribed by the applicable rules. We provide the following services for businesses that come under the ambit of environmental regulatory authorities:-

• CPCB NOC - Read More
• SPCB NOC - Read More
• EPR Authorization - Read More
• EPR Compliance - Read More
• CTE/CTO/Authorization - Read More
• PRO Authorization - Read More
• Hazardous waste management Authorization - Read More
• Hazardous waste import Authorization - Read More
• Construction & Demolition waste management Authorization - Read More
• Battery waste management Authorization - Read More
• Waste Import Authorization - Read More
• Biomedical waste management Authorization and more - Read More