The Central Government through the Ministry of Environment, Forest and Climate Change (MoEFCC) notified the draft of an amendment to the Hazardous Waste Management Rules. This amendment added new provisions regarding the EPR for Used Oil which will come into force from the first of April 2024 and regulate the waste oil manufacturer, importer, and recyclers. In the previous amendment to the same rules, the central government introduced the EPR for Tyre Waste in 2022. By adding new kinds of waste into the EPR Regime of India, the Indian government is conveying a message that environmental protection is our utmost priority and EPR is proving to be an efficient and effective solution to deal with the waste our industries generate and pollute the environment.
Although the basic idea of the whole EPR Policy is very straight, there is a different requirement to deal with various kinds of waste to properly implement such a policy and therefore the need arises for separate rules concerning Extended Producer Responsibility for Used Oil. The central government has the power to make rules regarding pollution control by virtue of the Environment Protection Act of 1986. It exercised this conferred power and released the draft. It is necessary to publish it in the Gazette of India before the final implementation. During the period between the implementation and release of such a draft, anybody can object to this notification and submit his feedback. The government considers the suggestions received in this process if they are appropriate.
What Is Used Oil?
The Used Oil is defined under Rule 3 of the Hazardous Waste Management Rules of 2016. Sub-rule 36 of Rule 3 of the act prescribes,
“Used oil means any oil, (i) derived from crude oil or mixtures containing synthetic oil including spent oil, used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil, and their tank bottom sludges; and (ii) suitable for reprocessing, if it meets the specification laid down in Part A of Schedule V but does not include waste oil.”
The Part A of Schedule V of the Hazardous Waste Management Rules of 2016 prescribes certain limits and parameter an oil need to qualify before it is considered as used oil. These parameters include Polychlorinated Biphenyls, Lead, Arsenic, Cadmium, Chromium, Nickel, and Polyaromatic Hydrocarbons.