Overview regarding the EPR Post Compliance Report for Producer & Importer

The policy Extended Producer Responsibility (ERP) was introduced under E-waste Management Rules, 2016, Plastic Waste Management Rules, 2016, and now, also under the recently issued Battery Waste Management Rules, 2022 by MoEF. Under the EPR policy, the Producers/Importers/Brand Owners (PIBOs) are responsible for managing the waste produced during any stage of its life cycle. The rules also mandate filing the EPR Post Compliance Report by the Producer & Importer.

EPR Policy under the E-waste Management Rules

The EPR policy under E-waste (Management) Rules, 2016, bestows the responsibility on the PIBOs to manage the WEEE (Waste Electrical and Electronic Equipment). The rules also set collection targets relating to WEEE in numbers or weight for producers. The target shall be 30 per cent of the valued amount of generated waste in the first two years of the application of the rules, following 40 per cent in the 3rd and 4th year, 50 per cent in the 5th year and 6th year and 70 per cent during the 7th year onwards. Some other regulations to file EPR Post Compliance Report for Producer & Importer involve:-

• Enactment of the policy of Extended Producer Responsibility through the system of taking back or setting up collection centres for e-waste and further channelling them to appropriate recyclers and dismantlers. 
• To frame their EPR for authorisation from the Central Pollution Control Board (CPCB), the producers must have an agreement with other stakeholders, including recyclers and dismantlers. This can be arranged by the Producer Responsibility Organisation (PRO) or the e-waste exchange system.
• Selling or marketing EEE (Electrical and Electronic Equipment) without EPR registration is considered a violation of the rules.

EPR Policy under Plastic Waste Management Rules

EPR policy for Plastic Waste Management was introduced in 2016 through the newly enacted PWM rules. Apart from these rules, recently, the Ministry of Environment, Forest and Climate Change, through the latest notification, implemented the Plastic Waste Management (Amendment) Rules 2022. The newly amended rules provide provisions for reinforcement of the circular economy for plastic packaging waste and promote alternatives to plastic. Besides, the rules also mandate filing EPR Post Compliance Report for Producer & Importer.

These new guidelines also include EPR regulations such as:-

• The manufacturers and producers must provide details of recycling certificates from authorised recyclers in addition to the amount referred for end-of-life discarding. The centralised online portals will further double-check this.
• In case of a double check, if the statistics are low, it would be considered that the producers, importers and brand owners have fulfilled their responsibility.

EPR Policy under Battery Waste Management Rules

Recently with the increase in battery waste and lack of incentives from the producers, the MoEF, through the latest notification, implemented the Battery Waste Management Rules, 2022. Thereby, the ministry also introduced the concept of Extended Producer Responsibility (ERP) for the producers coming under the jurisdiction of these rules. ERP certificate, underthe Battery Waste Management rules, is acquired through the Central Pollution Control Board’s (CPCB)centralised online portal. The accountabilities levied on the producers as per EPR can also be satisfied by the deposit refund scheme, buyback or any other collection model or scheme policy. The producer can further envoy the accountability to other stakeholders for properly segregating, collecting, refurbishing or recycling the waste battery.

The Battery Waste Management rules also facilitate producers by introducing the policy of trading the Extended Producer Responsibility Certificate (authorised to the producers/recyclers/refurbishers based on the quantity of the waste battery in kg) from the other stakeholders and the recyclers to the producers in return for the waste battery. Under these rules also, it is mandated to file an EPR Post Compliance Report for Producer & Importer. The formula that is applied for the EPR authorisation is as follows-

EPR certificates (in kg) = (Actual recovery of battery materials in per cent / Recovery EPR target for the specified year of the battery type in percentage) x quantity of battery handled (kg) x (1-A), where A = 0 or 0.2 for waste battery generated domestically or sourced through imports respectively.

Authorisation for EPR Post Compliance Report by Producer & Importer

Extended Producer Responsibility Authorisation is also mandatory in case the industry is related to plastic, EEE (Electrical and Electronic Equipment) or batteriesgoverned under E-Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and the newly introduced Battery Waste Management Rules, 2022. The producer or the importer has to complete an application for authorisation as per Form I listed under the battery waste management rules via the UT's official website of the Pollution Control Committee (PCC) or the State Pollution Control Board (SPCB). The application is to beuploaded with the required documents. Once the application is submitted, the concernedgovernment authority goes through the submitted form to verify its compliance with the rules and examine the documents.Subsequently, the authorisationrequired for EPR Post Compliance Report by Producer & Importer is granted. 

Documents required for acquiring EPR Authorisation for Producers & Importers

• EPR plan;
• Monitory account for EPR;
• Restriction for hazardous waste undertaking form;
• Certificate copy given out by Pollution Control Committee (PCC)/State Pollution Control Board (SPCB) earlier in case of those producers & importerswho are working in the country before 01-10-2016;
• Strategy plan for future awareness initiatives and associated programs;
• Authorisation copy from the appropriate state authority for marketing various products or for doing the business as given below:
  1. TIN details;
  2. PAN details;
  3. Incorporation certificate;
  4. Copy of IEC.
• Agreement copy with other stakeholders like dealers, collection centres, dismantlers, treatment, storage and disposal facilities (TSDFs), etc.

EPR Post Compliance under the E-waste Management Rules

Before proceeding with EPR Post Compliance Report for Producer & Importer, it is essential to understand its basics. The producers, under E-waste Management Rules, 2016, are mandated to fulfil certain compliances to retain their Extended Producer Responsibility Authorisation.

• Firstly, after acquiring the EPR Authorisation, the Producers/Importers/Brand Owners must maintain a record of the e-waste handled under Form 2. Furthermore, PIBOs must ensure they are available during the inspection that the Central Pollution Control Board conducts (CPCB) or the concerned State Pollution Control Board (SPCB).
• Secondly, the PIBOs are also required to file an annual return maintained under Form 3 to the CPCB or the SPCB on or before the 30th day of June of the financial year to which that return relates.

• Status of the awareness program organised as a part of the Extended Producer Responsibility submitted in the EPR Plan.

EPR Post Compliance under the Plastic Waste Management Rules

Under Plastic Waste Management Rules, 2016, the producers are mandated to fulfil certain compliances to retain or renew their Extended Producer Responsibility Authorisation.

• Firstly, as per Section 17 of Plastic Waste Management Rules, 2016, any entity involved in any process of PWM or the processing is mandated to prepare and submit the EPR Post Compliance Report for Producer & Importer under Form-IV to the ULB (Urban Local Body), which is operating under the SPCB or the Pollution Control Committee by 30 April every year.
• Secondly, the PIBOs also have to report their half-yearly process on their contribution towards PWM in their EPR Action Plan to the SPCB/PCC. Along with this, Producers/Importers/Brand Owners also have to provide documentary proof of the type and quantity of processed plastic waste. This is to be submitted along with the supporting documents. The half-yearly progress has to be submitted after the end of half year within 15 days.
• The sales details will also be submitted to the State Pollution Control Board/Pollution Control Committee.

EPR Post Compliance under the Battery Waste Management Rules

Under the Battery Waste Management (BWM) Rules, 2022, the producers are mandated to fulfil certain compliances to retain or renew their EPR Authorisation. This is another step in the process of filing the EPR Post Compliance Report for Producer & Importer.

Under the newly introduced rules, the Ministry of Environment, Forest and Climate Change has introduced an EPR policy. Along with the EPR Policy, rule 4 of BWM guidelines also mandate the producer to file Annual Returns under Form 3 regarding the battery waste managed, recycled or refurbished to the CPCB and the concerned State Pollution Control Board by 30^th June of the next financial year.

Additionally, according to Rule 8 and 9, the recyclers and refurbishers under Form 4 are required to submit Quarterly Returns. These returns are to be submitted to the SPCB one month before the end of the quarter.

The EPR Post Compliance Report by Producer & Importer

Filing the EPR Post Compliance Report by Producer and Importer is part of their responsibility. The report is required to fulfil Extended Producer Responsibility, mandated under all three waste management rules. The format followed to file the report is similar for all three rules. The format that is followed is given below: -

1. Name and address of the Producers/Operators/Manufacturers/Importers
2. Name of the officer in charge of the facility
3. The capacity of the facility
4. Technologies that are used for the waste management
5. Quantities of the waste received during the year
6. Quantity of the waste processed (in tons)
   1. Recycled(in tons)
   2. Waste Processed (in tons)
   3. Used (in tons)
7. Final disposal of the waste
8. Attach status of compliance to environmental conditions
9. Collection overview for the particular financial year
10. Awareness outreach program

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