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.

The Importance of Managing Oil Waste in Kerala

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.

What is EPR Authorization?

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.

Benefits of EPR for Oil Waste in Kerala

• Environmental Protection: Thus, through managing the landfill issue of oil waste, EPR effectively lessens the possibility of polluting the environment. This safeguards the habitats as well as people’s wellbeing.
• Resource Conservation: Recycling of used oil saves resources due to the high demand of oil on the market. Depends on the recycling process, used oil can be re-refined into new lubricating oil or other synthetic products which may include fuel oils.
• Economic Opportunities: Through its operations, EPR fosters sustainable economic activities in the recycling and waste management industries. This has the effect of encouraging investment on collection and recycling installations, and also on creating employment opportunities.
• Cost Efficiency: EPR also change the means of financing waste management from the taxpayers to the producers. This may result in improved conditions of waste disposal and reduction as producers foster for products or items that would favor their disposal at the disposal point.

Who needs to register in Kerala?

1. The following entities shall get them registered by the Central Pollution Control Board on the portal, namely:-

• producers;
• collection agents ;
• recyclers;
• used oil importers.

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.

Document required for EPR for Waste Oil in Kerala

 The EPR for used oil mandates specific obligations for various stakeholders. Stakeholders must provide the following documentation to obtain authorization for used oil:

• Identification and address proof of an authorized individual
• Business registration certificate (CIN, MOA, partnership deed, MSME) as applicable
• PAN and GST details
• Import-export code certificate
• Manufacturing details
• EPR action plan to achieve the EPR target
• Manufacturing specifics
• Annual return details
• Information on the generation of used oil
• Import details of used oil (for importers).

Process for Registration in Kerala

• Step 1 – Application registration and submission In order to enter the portal, the applicant is required to register and submit their application. The login details created during registration will be sent to the applicant via the company email ID to ensure secure access to the portal.
• Step 2 – Application review and query resolution CPCB will carefully review the documents provided by the applicant on the online portal. If any deficiencies are found, the applicant will be promptly notified.
• Step 3 – EPR registration for waste oil finalization.

EPR Obligations and Targets in Kerala

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.

For Producers of Base Oil or Lubrication Oil:

• 2024-2025: 5% of the oil sold or imported in 2022-2023.
• 2025-2026: 10% of the oil sold or imported in 2023-2024.
• 2026-2027: 20% of the oil sold or imported in 2024-2025.
• 2027-2028: 20% of the oil sold or imported in 2025-2026.
• 2028-2029: 40% of the oil sold or imported in 2026-2027.
• 2029-2030: 40% of the oil sold or imported in 2027-2028.
• 2030-2031 and onwards: 50% of the oil sold or imported in the year (Y-2)

For Used Oil Importers:

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, -

• registration on the portal;fulfilling extended producer responsibility targets as per sub- rule (2) of rule 27
• provide the contact details such as address, email address, toll free telephone numbers or helpline numbers to consumers through their website or through advertisements or documentation so as to facilitate the process
• filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates
• creating awareness through media, publications, advertisements, posters, or by any other means of communication.

3. Responsibility of used oil importer. - The used oil importers shall be responsible for, -

• registration on the portal;
• fulfilling extended producer responsibility targets as per sub- rule (2) of rule 27 through the portal;
• filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates.

4. Responsibility of collection agent. - All used oil collection agents shall have to, -

• register on the portal;
• collect used oil from the generators and supply to the registered recycler or producer in accordance with these rules and upload information on the portal;
• filing quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter to which the returns relate;
• filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates.

5. Responsibilities of the recycler. - All used oil recycler shall have to, -

• register on the portal;
• ensure that the facility and recycling processes are in accordance with these rules;
• ensure that no damage is caused to the environment during storage, transportation and recycling of used oil;
• ensure that the residue generated during the recycling process is disposed of in accordance the said rules;
• filing quarterly returns in the prescribed form on the portal on or before the end of the month succeeding the quarter to which the returns relate;
• filing annual returns in the prescribed form provided on the portal on or before 30th June following the financial year to which that return relates.

Compliance and Certification in Kerala

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

Environmental Compensation in Kerala

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.

Renewal and Cost for EPR for Waste Oil in Kerala

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.

How Whizseed can help you in Kerala?

• Information and guidance: We can provide more detailed information concerning the guidelines and the requirements as well as different procedures concerning EPR thus making it easier for the stakeholders to be in compliance.
• Registration assistance: In regard with the registration with the Central Pollution Control Board, we can offer our assistance to facilitate users sign the relevant papers.
• Efficiency: This makes it easier to follow the provisions of the law while at the same time allowing for automated reminders that will see compliance meet the set timelines.
• Accuracy: Lower chances of mistakes as compared to physical documents which have to be filled manually or have to be typed and there is real-time data submission.
• Compliance: Simplified management of complex EPR requirements, ensuring adherence to all regulations.
• Cost Savings: Minimized administrative overhead and optimized resource allocation.
• Sustainability: Support for sustainable waste management practices, contributing to environmental protection and resource conservation.