Overview of EPR Authorization for Waste Tyres in Uttar Pradesh

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.

Advantages of EPR for Used Tires in Uttar Pradesh

• Encourages Producer Responsibility: By assigning importers or producers the duty of managing waste tires EPR authorization encourages manufacturers to design their products with end-of-life concerns in mind.
• Encourages Tyre Recycling: EPR plans often incorporate goals for recovery and recycling rates of tyres. EPR authorization encourages investment in recycling infrastructure and technologies by placing financial responsibility for waste tire management on producers which raises tire recycling and resource recovery rates.
• Reduces Environmental Impact: Pollution to the environment can be avoided by properly managing waste tyres under EPR authorization. If improperly managed waste tyres can pose a serious threat to the environment resulting in problems like unlawful dumping habitat destruction and fire hazards. By ensuring appropriate collection recycling and disposal EPR lowers these risks to the environment.
• Preserves Resources: Reusing old tyres helps preserve important resources like steel rubber and other components used in tyre manufacturing. EPR authorization contributes to the preservation of natural resources by recovering these materials through recycling procedures thereby lowering the demand for virgin materials.
• Generates Economic Opportunities: By generating opportunities in the recycling and waste management industries EPR programs can boost economic activity. The collection and processing of used tyres as well as the establishment of recycling infrastructure and technologies can promote local economics and provide jobs.
• Reduces Risk to Public Health: Proper handling of waste tires reduces health risks caused by abandoned tyres. Water collects on tyres that serve as breeding sites for mosquitos and other disease causing insects.
• Decreased Demand on Public Resources: The EPR authorization shifts responsibility for managing waste tyre from taxpayers sponsored public resources such as cleaning programs to manufacturers. Manufacturers take care of disposing used tires easing government’s burden.

Steps have been taken by the government for the utilization and management of waste tyres:

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:

• Producer
• Recycler
• Retreader

Who is the producer as per the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022?

As per the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, a Producer’’ means any person or entity who,-

• manufactures and sells new tyre domestically; or
• sells domestically under its own brand, new tyre manufactured by other manufacturers or suppliers; or
• sells imported new tyre; or
• imports vehicles fitted with new tyres; or
• automobile manufacturers importing new tyre for use in new vehicles sold domestically; or
• imports waste tyres;

What is the responsibility of a producer under the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022?

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.

Who is the Recycler as per the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022?

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:

• reclaimed rubber
• crumb rubber
• crumb rubber modified bitumen (CRMB)
• recovered carbon black
• pyrolysis oil or Char

Responsibility of the recycler the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022-

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.

Process of Retreading:

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.

Extended producer responsibility certificate:

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.

What is the importance of retreading certificates?

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.

• Environmental Compensation – The Central Pollution Control Board shall lay down guidelines for imposition and collection of environmental compensation on the producers in case of non-fulfilment of obligations set out in this Schedule and use of false extended producer responsibility certificate and the said guidelines shall be in accordance with the provisions of this rules.
• Prosecution - Any person, who provides incorrect information for obtaining extended producer responsibility certificates, uses or causes to be used false or forged extended producer responsibility certificates in any manner, over generates extended producer responsibility certificates above 5% of the actual waste recycled, willfully violates the directions given under the provisions of this Schedule or fails to co-operate in the verification and audit proceedings, may be prosecuted and this prosecution shall be in addition to the environmental compensation.

Documents required for EPR Certificate for Waste Tyres in Uttar Pradesh:

• Certificate of Incorporation for the Company- Details regarding the owner, proprietor, or sole proprietor
• Pan card of the company
• GST number of the company
• CIN number of the company
• Aadhar number of the authorized person
• Covering letter
• Undertaking
• Tyre Composition
• Submission of Plant wise manufacturing Data
• Statement of Compliance with the Reduction of Hazardous Substances (ROHS).
• Letter of understanding (LOl) with recyclers, dismantlers, storage facilities, and disposal facilities (TSDFs), among others
• Self-attestation by the Dismantlers and Recyclers

Procedure to get EPR Registration for waste tyres in Uttar Pradesh

• Step 1 Applicants must furnish all relevant information. Thereafter their applications were scrutinized.
• Step 2 If the information is complete and correct request will be made to the relevant EPR authorities.
• Step 3 The said information is shared to CPCB who will assess all information of applicant and documents. If any clarification or change is required by CPCB then it must be provided accordingly.
• Step 4 Within 50-60 days of submission of the application, the certificate of authorization will be issued. Producers must put an EPR action plan into action subsequent to the certificate has been granted in order to fulfil the EPR objective.

How much validity is there for EPR Authorization for waste tyres in Uttar Pradesh?

Once a EPR certificate is issued it is valid for 5 years and subject to renewal.

Cancellation of EPR Authorization for waste tyres in Uttar Pradesh?

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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