EPR Authorization for Waste Oil in Kerala
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EPR is a policy strategy under which producers are provided a major role or obligation either in term of financial or physical for management or treatment of post consumer’s products. It has later been adapted to other waste categories such as packaging waste, electrical and electronic equipment waste and batteries. In the first week of September 2023, India’s Ministry of Environment, Forest and Climate Change set new guidelines on the EPR regarding used oil. These rules that will come into force from April 1, 2024, envisage the efficient and safe recycling, as well as energy recovery of used oil.
Waste oil, new and used motor oils, industrial lubricants, and items that contain used oil or have been soaked in oil represent environmental hazards when not handled correctly. Recycling if not done properly may cause pollution of the surrounding environment such as the soil and water, affecting lives. That is why the proper disposal of oil waste plays a vital role in reducing such risks, and EPR can be regarded as a suitable approach in this regard.
EPR authorization refers to the legal requirement that places the onus of managing the end-of-life of products on the producers. In this regard, oil waste entails that for manufacturers, importers, and distributors of oil products it is their obligation to ensure that these products are taken back, reclaimed or disposed in a manner that will not harm the environment.
1. The following entities shall get them registered by the Central Pollution Control Board on the portal, namely:-
2. In case any entity falls in more than one categories under sub- rule (1), then the said entity shall register themselves under each of those categories separately.
3. No entity referred in sub-rule (1) shall carry out business without registration.
4. The entities registered under sub-rule (1) shall not deal with any entity not registered under sub- rule (1).
5. Where any registered entity furnishes false information or willfully conceals information for registration or return or report or information required to be provided or furnished under this Chapter or in case of any irregularity, the registration of such entity may be revoked by the Central Pollution Control Board for a period up to five-years after giving an opportunity to be heard and in addition, environmental compensation charges may also be levied as per rule 39.
6. The Central Pollution Control Board may charge registration fees and annual maintenance charges from the entities seeking registration.
The EPR for used oil mandates specific obligations for various stakeholders. Stakeholders must provide the following documentation to obtain authorization for used oil:
Producers and used oil importers are required to meet specific recycling targets, which increase over time. These targets are detailed in the regulations to ensure progressive compliance and environmental protection.
1. Annual Target: 100% of the used oil imported in the previous year (Y-1)
2. Responsibility of producers. - The producers of base oil or lubrication oil shall be responsible for, -
3. Responsibility of used oil importer. - The used oil importers shall be responsible for, -
4. Responsibility of collection agent. - All used oil collection agents shall have to, -
5. Responsibilities of the recycler. - All used oil recycler shall have to, -
Producers can fulfill their EPR obligations through the online purchase of EPR certificates from registered recyclers. The Central Pollution Control Board (CPCB) is responsible for generating and managing these certificates. The certificates are subject to audit to ensure authenticity and compliance. In case of discrepancies, the lower figure will be considered for meeting the EPR obligation
Producers who fail to meet their EPR obligations are subject to environmental compensation. This compensation does not absolve them of their responsibility, and the unfulfilled EPR is carried forward to subsequent years up to a maximum of three years. False information or over-generation of EPR certificates by recyclers can lead to revocation of registration and imposition of non-returnable environmental compensation
Prosecution- Any person, who provides incorrect information required under this Chapter for obtaining extended producer responsibility certificates, uses or causes to be used false or forged extended producer responsibility certificates in any manner, willfully violates any provision of this Chapter or fails to cooperate in the verification and audit proceedings, shall be prosecuted under section 15 of the Act. This prosecution shall be in addition to the environmental compensation levied under rule 39 of this Chapter.
The EPR Authorization for Waste Oil requires the producer to cover the cost of the certificates and annual maintenance, as mandated by the CPCB. The CPCB annually renews the EPR target, which results in the producer receiving a new target. This new target is determined based on the producer's overdue EPR obligation from the previous year, the sales made in the last year, and the certificates purchased by the producer in that year. The CPCB calculates the new target using these factors, and the process of meeting these new targets repeats every year.