EPR Authorization for Waste Tyres in Odisha
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The 9th schedule for the management of waste tyres has recently been added through an amendment of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 in July 2022. This amendment focuses on the EPR Authorization for waste tyres through the lifecycle of the tyres where the producers, importers, and brand owners shall be responsible for the environmentally sound management of the waste tyres. Due to the provision of the 9th Schedule, these stakeholders are required to put in place machinery for the accumulation and either recycling or disposing of waste tyres. The objective of this program is to properly dispose of waste tyres to minimize the negative effects they have on the environment and encourage the concept of using waste products to generate other products, all of which is in line with exploring the international best practices for managing wastes. Also importantly, the amendment makes it easier to follow the flow of the tyre waste from generation up to disposal hence instating compliance among the players in the value chain. This step can be viewed in the context of global activities aimed at proper handling of hazardous waste and reduction of pollution in general, strengthening the Indian legislation in the sphere of environmental safety.
The Ministry of Environment, Forestry and Climate Change (MoEF&CC) has notified the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, vide Notification No. G.S.R. 593(E) dated 21.07.2022. The amendments have provisions for the utilization & management of waste tyres through Extended Producer responsibility (EPR) regime.
The following entities are required to register on the centralized portal developed by CPCB:
As per the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, a Producer’’ means any person or entity who,-
Under the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, a producer shall be responsible for fulfillment of extended producer responsibility by purchasing extended producer responsibility certificates from registered recyclers only. The producer shall be responsible to file annual and quarterly returns in the forms as specified by the Central Pollution Control Board on the portal on or before the end of the month succeeding the quarter to which the return relates and each registered entity shall have to file the quarterly return.
Any entity involved in the process or action of converting waste tyre into following end products, in an environmentally sound manner and having facilities as elaborated in the standard operating procedure or guidelines as specified by the Central Pollution Control Board, namely:
All the recyclers shall submit on monthly basis the information regarding the quantity of waste tires used and end product produced, extended producer responsibility certificate sold, and such other relevant information on the portal. All the recycler shall file annual and quarterly returns in the Form as specified on the portal on or before the end of the month succeeding the quarter to which the return relates.
Retreading means process of renewal of tread and side wall rubber of a worn out tyre having a good structural quality. The waste tyre shall be allowed for retreading and a retreader shall have to get registered on the portal for issuance of retreading certificates.
The Central Pollution Control Board will assign extended producer responsibility obligations to a producer based on the quantity of tyre manufactured or imported by it. Based on the quantity assigned in EPR obligation, producer will accordingly purchase EPR certificate from a registered recycler. A producer can also purchase retreading certificate from the registered retreader for deferment of its EPR obligations.
On production of retreading certificates, the extended producer responsibility obligation shall be deferred by one year for the corresponding quantity of waste tyres. Provided that the obligation shall be extinguished only after end-of-life disposal through a registered recycler.
Once a EPR certificate is issued it is valid for 5 years and subject to renewal.
The CPCB (Central Pollution Control Board) has authority to cancel or suspend EPR for waste tyres if they are not meeting the requirements. Before cancellation or suspension the applicant have given opportunity of being heard at least 15 days before decision.
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