Overview of Extended Producer Responsibility

EPR can be implemented in various forms that include product take-back requirements, economic and market-based instruments, regulations and performance standards, and information-based instruments. EPR can create various environmental, economic, and social benefits, including improved waste collection and treatment, higher rates of waste reuse and recycling, incentivizing greener products, helping to finance waste collection and processing, ensuring higher quality secondary raw materials, job creation, and reduced health risks from mismanaged waste.

Aim of Extended Producer Responsibility

Extended producer responsibility (EPR) aims to make sure that product manufacturers are made financially responsible for many parts of the life cycle of their products, including take-back, recycling, and final disposal at the end of their useful life. In this way, it aims to apply what is often known as the 'polluter pays principle'. EPR is typically used for specific waste product streams such as small consumer electronics, packaging, and batteries.

Fact Check

• Extended Producer Responsibility is not Corporate Social Responsibility (CSR) – It is part of sustainable business practice.
• Extended Producer Responsibility is a fundamental shift from end-of-life- to pollution prevention – to next-generation
• Extended Producer Responsibility is basically a product policy (impacts of products are pre-determined)
• Extended Producer Responsibility formalizes the waste sector by setting up financial cost standards and environmental standards.

Business and Extended Producer Responsibility

By implementing EPR, businesses can make a significant contribution to the transition to a circular economy by reducing the environmental impacts of their products and services and helping to address the problems associated with trade in waste to developing countries with inadequate waste infrastructures. The benefits to businesses of participating in EPR schemes include enabling them to meet mandatory national recycling and collection targets, shifting towards more circular and more competitive business models, potential for cost savings by creating cost-effective solutions for the collection and recycling of end-of-life products, and supporting the development and improvement of waste and recycling industries, which are also associated with high employment potential. To reduce the negative effects that their goods and services have on the environment, some companies are implementing voluntary actions. The introduction and uptake of market-based instruments such as EPR schemes by businesses derive from the political context in which they operate. More precisely, recent trends in transboundary movements of waste have given rise to environmental and economic concerns, which have emphasized the potential role of policy instruments of this kind.

Extended Producer Responsibility and Government

Governments, at both the national and regional/local levels, have an important role in supporting and promoting EPR. Crucially, by developing the necessary policy and legislation, they can create the right conditions for well-functioning EPR schemes. Governments are also well placed to engage and support other stakeholders, including businesses, waste management companies, the informal sector, and the public, in the implementation of EPR to ensure its success.

Introducing EPR can also lead to benefits for governments. This includes the potential to support the transition to a circular economy by increasing waste collection, reuse, and recycling at a low cost to the government since EPR ensures that producers and businesses contribute financially to (or, in some cases, cover the whole cost of) the management of the waste created by their products.

Current Regulations on EPR

Sl no.	Type of Waste	Rules currently governing waste management
1	Lead Acid Batteries	Batteries Waste Management Rules 2022 (“BWM Rules 2022”)
2	Electronic waste	E-Waste Management Rules 2022 (“EWM Rules 2022”).
3	Plastic and plastic packaging	Plastic Waste Management (Amendment) Rules, 2022
4	Solid waste	Solid Waste Management (Amendment) Rule 2020
5	Hazardous waste, including Waste Tyres and Used Oil	Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022,
6	Construction and debris waste	Construction and Demolition Waste Management Rules 2016
7	Bio-medical waste	Bio-Medical Waste Management Rules 2016.

Challenges of Extended Producer Responsibility

The adverse impacts of Extended Producer Responsibility have created an alarming situation everywhere with a call for countries to make commitments. Some of the challenges under EPR

Lack of Knowledge

Lack of awareness among producers, consumers, and local authorities is one of the main obstacles to EPR registration in India. Many stakeholders are still ignorant of their duties and the importance of Extended Producer Responsibility in effectively managing waste.

Lack of Mechanisms for Collection and Segregation

Waste must be collected and sorted effectively for EPR registration to be effective. These mechanisms, however, are frequently absent or underdeveloped, which results in inefficient waste management.

Financial Restrictions

Investments in public awareness campaigns, recycling facilities, and collection centers are necessary to implement EPR Registration. It might be difficult for small and medium-sized producers or brand owners to cover these expenses.

Regulation and Adherence

It can be difficult to create and enforce EPR Registration regulations and compliance measures, particularly when dealing with a diverse and large market like India. EPR regulations can be intricate, varying from one jurisdiction to another. Navigating this complexity can be challenging for both producers and regulatory bodies, leading to confusion and potential non-compliance.

Extended Producer Responsibility and Batteries

Ministry of Environment Forest and Climate Change notified Battery Waste Management (BWM) Rules on 22nd August 2022, as per which every producer and person or entity involved in manufacturing of battery shall have to register with CPCB. Producers and manufacturers of batteries shall have to register through the online centralized portal made by the Central Pollution Control Board (CPCB).

Documents required while submitting an application

• Company GST Certificate
• PAN Card of the company
• Corporate Identification Number (CIN) document
• Consent Issued by SPCBs/PCCs of Air/Water/Hazardous Waste (if the unit is involved in a production facility)
• Import Export Certificate (in case of importers)
• District Industries Center (DIC) registration (if the unit is registered with DIC)

Processing of Application

CPCB will process the application, which shall entail the following:

• The application for registration shall be processed within 15 working days. The registration shall be either granted or rejected as the case may be within this period.
• If, after processing, the application is found to be incomplete with respect to any document not being submitted or any missing information, then the applicant shall be informed of the same through the portal.
• Applications shall be rejected if false/ irrelevant information /document is found to be submitted. Application fees shall be forfeited in such cases. Fresh applications, along with application fees, will have to be submitted for Registration.
• Portal-generated Registration certificate, after sealed and signed by a Competent Authority, shall be uploaded on the Portal.
• The portal has a provision for the internal processing of applications within CPCB, wherein the Member Secretary, CPCB, shall be the approving authority for issuing the Certificate.
• Fresh Registration shall be valid for a period of five years from the date of the grant of registration.

Extended Producer Responsibility and E-Waste

E-waste means electrical and electronic equipment that has been rejected during the manufacturing, refurbishment, and repair processes as well as discarded as waste by the consumer or bulk consumer, in whole or in part. E-waste contains useful materials of economic benefits such as plastics, iron, glass, aluminium, copper, precious metals such as silver, gold, platinum, palladium, and indium, and rare earth elements such as lanthanum, neodymium, etc., and hazardous substances such as lead, cadmium, mercury, etc. and other toxic substances such as polychlorinated biphenyls, etched chemicals, etc. The most complex mix of substances is present in the printed circuit boards (PCBs)/ printed wiring boards (PWBs)

Disposal of Application

The concerned SPCB shall dispose of the application for authorization within a period of 120 days from the date of receipt of such application, complete in all respects. The authorization granted under these rules shall be valid for a period of five years from the date of its issue.

Documents required for Registration

• Trade Name / Company Name
• Legal Name
• Mobile Number
• Official e-mail id
• CIN / Incorporation Certificate (if available)
• GST,
• IEC (if available),
• PAN of company (if available)
• PAN of Authorized Person
• Postal Address (The address should be the place from where sale in the entire country is being managed – Corporate Office address. Do note that the address given by the applicant in its supporting documents, i.e. Self- Declaration, IEC Certificate, GST Certificate, should be the same as the address given in the up form)
• Name of the Authorized Person and Address, Company E-mail ID, and Telephone Numbers
• List of EEE from the list of notified EEEs, along with their codes for which Registration is required

Extended Producer Responsibility and Plastic

It is the duty of Producers, Importers, and Brand-owners to make sure the processing of their plastic packaging waste through recycling, re-use or end-of-life disposal (such as co-processing/Waste-to-energy/Plastic-to-oil/road making/industrial-composting). As per the guidelines outlined, Producers, Importers, and Brand Owners (PIBOs) shall have to register through the online centralized portal made by the Central Pollution Control Board (CPCB)

Category of Plastic Packaging

 The following plastic packaging categories are covered under Extended Producer Responsibility-

Category I: Rigid plastic packaging

Category II: Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches

Category III: Multilayered plastic packaging (at least one layer made of plastic and another layer made of something other than plastic)

Category IV: Plastic sheets used for packaging, and carry bags made of compostable plastics

Grant of Registration

Within ninety days of receiving an application, each State Pollution Control Board or Pollution Control Committee must make a decision on the grant of registration. The registration granted under this rule is initially valid for one year, unless revoked, suspended, or cancelled, and is then granted for three years. The State Pollution Control Board or Pollution Control Committees may not revoke, suspend, or cancel registration without first giving the producer or person engaged in recycling or processing plastic wastes an opportunity to be heard. Every application for registration renewal must be made at least 120 days before the registration certificate's validity expires.

Documents required

• GST, CIN, IEC ( for importer) of the Company
• PAN/ Aadhar of Authorized person
• DIC Registration (if unit registered with DIC)
• Process flow diagram (for producers only)
• Consents issued by SPCB/ PCC (if unit has a production facility)
• Scanned copy of signatures of authorized persons.
• Covering letter
• Document related to any other information which the unit wishes to provide

Extended Producer Responsibility and Solid Waste

Solid Waste is referred as solid or semi-solid domestic waste, commercial waste, sanitary waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding institutional waste, industrial waste, bio-medical waste and, battery waste, e-waste, radioactive waste generated in the area under the Urban Local Body.

Documents for Obtaining Authorization under Solid Waste Management Rules

• Site clearance (local body)
• Proof of Environmental Clearance
• Consent for establishment
• Agreement between municipal authority and operating agency
• Investment in the project and expected return

Timeline

• Issue authorization by the local body in Form II to the local body or an operator of a facility or any other agency authorized within sixty days, stipulating compliance criteria and environmental standards as specified in Schedules I and II, as well as any other conditions that may be required.
• Submission of an application for renewal of authorization at least sixty days before the expiry of the validity of the authorization.

Extended Producer Responsibility and Bio-Medical Waste

Biomedical waste includes any waste produced during the diagnosis, treatment, or immunization of people or animals, as well as during related research activities, the production of biologicals, or their testing. Anybody who produces, gathers, receives, stores, transports, treats, disposes of, or handles biomedical waste in any way is subject to the Bio-Medical Waste Management regulations.

EPR Registration for Biomedical waste

Application must be submitted to the respective SPCB/PCC for fresh or renewal of authorization in prescribed format as per Form II as prescribed under Bio Medical Waste Management Rules, 2016

Grant of Authorization

Upon verification and ensuring the HCF is having requisite facilities, the authorization is Granted by the respective State Pollution Control Board (SPCB)/Pollution Control Committee (PCC) in a prescribed form, with unique number of authorization and date of issue.

As per the Bio Medical Waste Management Rules, 2016, the healthcare facility is required to submit the Annual Report to the SPCB/PCC on or before 30th June every year, for the period from January to December of the preceding calendar year.

Annual Report

The annual report should be filled in the prescribed format prescribed under BMW Management Rules, 2016.

The annual report contains details of following:

• Quantity of waste generated in kg/annum
• Details of storage, treatment, transportation, processing and disposal facility
• Details of training conducted on Bio-Medical Management
• Records of pre-treatment of specified waste categories
• Record of recyclable waste handed over to the authorized recycler

Extended Producer Responsibility and Construction and Debris Waste

MoEF & CC notified the Construction and Demolition Waste Management Rules, 2016 on 29th March 2016, to provide a regulatory framework for the management of construction and demolition waste that is generated in the Country. Rules were notified to improve segregation, collection, recycling, treatment, and disposal of C&D waste in an environmentally sound manner to prevent loss of embedded recyclable value, avoid the use of virgin materials, discourage unscientific disposal of waste, address air pollution from dumping of waste, promote scientific waste management and prevent degradation of water bodies.

The rules mandate the primary responsibility of implementation, maintaining information, and enforcement to the Local authority, State Government, and State Pollution Control Board or Pollution Control Committee. To improve recycling and resource utilization, Circular economy and resource efficiency approaches need to be built into the C&D waste management framework, along with the introduction of stringent enforcement measures, extended producer responsibility, and environmental compensation provisions.

Documents required

The documents required for Construction Waste Recycling Business are as follows:

• PAN Card of the Authorized Signatory
• GST Certificate
• Layout plan
• Process flow chart
• Details of the machinery installed
• Proof of ownership of site or rent/lease agreement
• Factory license/trade license

Extended Producer Responsibility and Tyre

MoEF & CC notified ‘Extended Producer Responsibility (EPR) for Waste Tyre on 21st July 2022 through an amendment in Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, to ensure environmentally sound management of waste tires. These rules cover all types of waste tire, including tubes and flaps that are no longer mounted on a vehicle and are no longer used for their intended purpose

Producers and recyclers who do not comply with the provisions of this newly added schedule are liable to pay environmental compensation determined in accordance with the guidelines laid down by CPCB.

Registration

Before starting or continuing their business operations, all entities must register on the Central Pollution Control Board (CPCB) portal in accordance with Rule 3 of the Amendment Rules.

Documents required

• Company Name
• Address from business in the entire country is conducted (corporate office address)
• E-Mail-ID
• Contact Number(Mobile)
• Company’s PAN
• GST Number
• IEC Number
• CIN Number (optional)
• Year of establishment of Company
• Name, Designation, Email & Mobile of authorized person
• Aadhar number of authorized person

Benefits of Extended Producer Responsibility

The benefits of obtaining EPR Authorisation are summarized below.

 

Area of Benefit	Key Points
Environmental	Supporting effective end-of-life collection and environmentally sound treatment of collected waste products Helps boost waste reuse and recycling rates Incentivizing producers towards green design or eco-design; creation of more resource-efficient products with lower environmental impacts, e.g., using fewer or materials that are less harmful Contributing to the transition to a circular economy
Social	Highlights a greater social responsibility on producers by applying the polluter pays principle. Reduction in health risks from mismanaged waste, including hazardous waste such as WEEE and batteries (e.g., pollution of water sources, health risks from pests attracted to dumped waste)
Economic	Producer fees paid to EPR programs can finance the collection and processing of waste, lowering the cost of waste management for governments (for waste collection) and for citizens (for waste-related fees). Reduction in cost of using recycled material relative to virgin materials to ensure more effective collection of sorted waste materials and providing higher quality secondary raw material

How can Corpbiz assist you?

Corpbiz provides organizations with comprehensive support throughout the CPCB's EPR registration process.

We can assist you in

• Managing compliance responsibilities like record-keeping and quarterly reporting to guarantee EPR regulations are followed.
• Quick delivery of Extended Producer Responsibility Authorization.
• We also assist in the preparation of the EPR documentation requirements and provide insightful advice in this area.
• The services cover a wide range, including best practices, cost-saving tactics, and programs that support environmental sustainability in EPR waste management processes.