EPR Target Fulfilment for Plastic Packaging, E-Waste, Waste Battery and Old Tyres

India's EPR-related legislation identifies the entities that introduce a commodity into the market as a producer. EPR Regime makes them responsible for end-of-life waste management of their products based on the “Polluter Pays principle”. These entities include the producers, importers, and brand owners that indirectly are responsible for waste generation in the form of plastic packaging, e-waste, waste tyres and old batteries. EPR has created a legal responsibility for registration, return submission and EPR Target Fulfilment. The responsibility also covers environmentally sound management of co-processing/ recycling and disposal as per the principles enshrined under the Environmental (P) Act as a part of the extended legal responsibility. The EPR Targets are generated after successful registration on CPCBs dedicated EPR portals and take into account overall waste management activities, namely, the amount of waste collected, recycled, reprocessed, refurbished or disposed of as per the nature and the condition of the waste. After registration with the CPCB through the centralised EPR portal, the producers must ensure some EPR compliance. Similarly, at the same time, the waste recyclers are also obligated to follow the SOP and compliance requirements at the time of generating EPR certificates and have to ensure that the waste recycled/ disposed of is done with clear and auditable documentary proof.

Guidelines w.r.t EPR Target Fulfilment for Applicable Sectors

EPR guidelines have become a check mechanism for businesses to ensure that the different recycling entities, such as co-processors/ recyclers/ WTE plants, perform eco-friendly recycling and disposal methods. The E-Waste Management Rules, 2022, Plastic Waste Management Rules, 2016, , Hazardous Waste Management Rules, 2016 and the Battery Waste Management Rules, 2022 lay down the modalities of EPR in plastic packaging, e-waste, used tyres and battery manufacturing and recycling sectors respectively.

All identified entities under these rules must fulfil their respective EPR obligations w.r.t EPR Target fulfilment in order to keep operating in the country. The dedicated EPR portals have been designed by CPCB to function as a single-point data repository for registration, submission of data related to their operation/ trading of EPR certificates and submission of annual returns. The respective waste management rules also include the provision of heavy environmental compensation, surprise inspection by agencies, and cancellation of their CTO/ closure of the facility.

EPR Target Fulfilment for Plastic Packaging Business

The PWM Guidelines announced in 2022 stipulate mandatory EPR registration of Producers, importers and Brand Owners (PIBO) on a centralised CPCB portal (eprplastic.cpcb.gov.in/). The PIBOs, as well as the Plastic Waste processors (PWP), are required to register on the portal, while the PIBOs, in addition to the above, also need to submit an EPR Action Plan for plastic waste management through any of the following means.

• Own Waste Collection/Distribution Channels
• Through Urban Local Bodies (ULBs)
• Through Waste Management Agencies (WMAs), which in turn channel waste through a ULB.

For EPR Target Fulfilment, these quantities must be recycled under their respective category only, i.e. I, II, III, IV. If you are a business that introduces a product in plastic packaging in the market in the four plastic categories (rigid, flexible, multi-layered or compostable plastic), you will need to register for EPR and work towards your EPR Target fulfilment. In case of a shortfall from the target, the PIBOs can also purchase the EPR credits from registered recyclers. However, it is important to note that PIBOs can only collaborate with registered recyclers/co-processors/ and PWPs who can recycle proportionate plastic waste on your behalf. The following table shows the EPR Targets for identified entities under the Plastic Waste Management Rules, 2016, for the year 2023-24.

Trading of EPR Plastic Certificates: There are certain legal requirements that the PIBO has to ensure to trade in EPR certificates safely. It is also important to note that PIBOs which are operational in one or two states/UTs are also required to register with the concerned SPCB/PCC. In case of EPR registration, you will need a copy of the certificate such as valid consent from SPCB, Company’s PAN, GST (the combined GST invoices if PIBO is operating in different States/UTs), PAN & Aadhar, details of Authorised person and details of the quantities of plastic packaging, etc. Enterclimate’s network of experienced consultants ensures EPR Target fulfilment through auditable documents along with assistance in trading EPR credits.

EPR Target Fulfilment in Case of E-waste

As per Schedule III and Schedule IV of the E-Waste Management Rules, 2022, businesses falling under the definition of producer, e-waste refurbisher, or recycler of EEE will have to ensure their EPR Target Fulfilment through the assistance of agencies like collection centres, refurbishers and recyclers and assist the process through buyback/takeback schemes in order to promote circularity in e-waste management.

Entities that manufacture and offer to sell EEE and their components under your own brand or offer to sell under your own brand any assembled EEE or components produced by other manufacturers/suppliers. In that case, you will be categorised as a producer. In addition to this, if you offer to sell imported EEE or components, irrespective of the selling mode such as dealer, retailer, e-retailer, etc.), you will fall under the definition of a producer.

The target is based on the estimated generation of E-Waste and is calculated for each Electrical and Electronic code for a particular financial year. The E-Waste Collection Target from 2023 onwards is 70% of the quantity of waste that is generated and indicated in the EPR Plan submitted by the entity. The following table shows the E-Waste Recycling Target as per the E-Waste Management Rules, 2022 for producers based on the

EPR Target Fulfilment for Battery Business

EPR for batteries applies to used batteries, their components or spares (which may or may not be hazardous), pre-consumer off-spec batteries, and those batteries whose date for appropriate use has expired and batteries discarded by the user. The Battery Waste Management Rules 2022 now cover all types of batteries i.e. portable batteries, Electric Vehicle batteries, automotive batteries and industrial batteries.

If your business includes the manufacturing and sale of new batteries, refurbished batteries, and battery equipment under your brand name, then you are classified as a producer who needs to achieve EPR Target Fulfilment as per the targets generated by CPCB's EPR portal (http://www.eprbatterycpcb.in/).

EPR Target Fulfilment for Tyre Business

Apart from producers of new tyres, businesses that import used tyres into the country will be categorised as producers and will have to fulfil their EPR targets. Moreover, importing waste tyres for recycling will put you under the definition of a producer.

As per Rule 7 of the HWM Amendment Rules, the producer is required to fulfil his EPR obligation as per the recycling targets that are auto-generated once the application is submitted. Recycling targets are calculated based on the Battery Collection Targets data and the Percentage of Battery Material in different Battery Types and Compositions by purchasing EPR certificate from recyclers and submitting it online on the portal by filing quarterly returns.

Although the producers have been provided with the flexibility to engage any other entity for recycling or refurbishment to meet its EPR obligations, that entity engaged must be registered and eligible to provide EPR certificates and auditable documentation. Producers and recyclers who do not comply with the provisions of this newly added schedule shall be liable to pay environmental compensation as determined in accordance with the guidelines laid down by CPCB.

If your business involves manufacturing and selling new tyres in India, selling new tyres under your brand name, or if your business sells new tyres manufactured by other manufacturers or suppliers, you will be classified as a producer. If you import and sell new tyres or vehicles fitted with new tyres, or if you are an automobile manufacturer who imports new tyres for use in new vehicles sold in India, you will need to register yourself as a producer on CPCB’s online portal (https://www.eprtyrescpcb.in/). For manufacturers or importers of new tyres, the EPR obligations have been tabulated below.