EPR Registration for Waste Tyres

Under the Hazardous & Other Waste (Management) Amendment Rules 2022, any person and business entity engaged in the manufacturing, distribution, sales, reuse and recycling, and import of waste tyres shall be responsible for waste tyres for environmentally safe management and related compliances.

As a result, EPR requires accountability for promising ecologically responsible management of end-of-life tyres in order to preserve human health and the environment from the detrimental effects of Climate Change. The provisions for manufacturers, recyclers, and retreaters are listed in Schedule IX. EPR assists entities with registration on the consolidated CPCB portal and with their post-compliance responsibilities.

According to the definition of EPR Waste Tyre Management Rules, 2022 Rules, producers, which includes manufacturers as well as importers and brand owners PIBOs are engaged in the:

• Imports waste tyres.
• Sells imported fresh tyres.
• Imports autos with brand-new tyres on them.
• Production and sale of new tyres domestically.
• Sells new tyres made by other suppliers or manufacturers domestically under its own brand.
• New tyres are imported by automakers for use on newly released cars that are sold domestically.

Following the amended rules, in 2022, the obligations of producers, recyclers, and retreaters in connection with EPR for Waste Tyres were specified. Producers have been charged with recycling waste tires equal to the volume of new tyres produced or imported the previous year.

As described in paragraph 1(f) of the 2022 Rules, ''recycling'' is the environmentally sound conversion of waste tyres into end products with facilities as elaborated in the SOP as stipulated by the CPCB:

• Crumb Rubber
• Reclaimed Rubber
• Crumb Rubber Modified Bitumen
• Carbon black recovered and
• Char or Pyrolysis Oil

In accordance with the terms of Schedule IX, paragraph 7, those mentioned businesses must meet their EPR obligations by purchasing EPR credits online or retreading credits from authorised recyclers and traders of waste tyres. Following are the fixed EPR requirements for manufacturers of new tyres:

Year	Targets for Recycling in kg/tons
2022-23	35% of the total amount of newly produced or imported tyres during 2020–2021
2023-24	70 per cent of the total number of new tyres produced or imported in 2021–2022.
2024-25	100% of the total amount of newly produced or imported goods in the previous year.

The Waste Tyre Handling Plan, which outlines methods for the ethical handling of waste tyres, is an essential component of EPR registration. The following significant components make up the plan:

1. Collecting and Preservation: The plan details procedures for gathering and securely storing used tyres from customers, merchants, and other sources.

2. Transportation and Recycling: Producers must transport collected waste tyres to authorized recycling plants or treatment centres. Recycling strives to remove valuable materials and reduce their negative environmental effects.

3. Reuse or Disposal: The plan specifies how waste tyres should be disposed of by waste management regulations in an environmentally sustainable manner. It might also look into possibilities for recycling or upcycling specific discarded tyre components.

4. Audit and Reporting: The regulatory authorities must receive periodic reports from EPR-registered producers who are required to keep thorough records of their waste tyre management efforts. To ensure adherence to the Waste Tyre Management Plan, routine audits may also be carried out.

Producers and importers involved in the production or importation of tyres in India are required to register with EPR for waste tyres. For these individuals, the CPCB may establish a minimal level of imported or manufactured tyres that necessitates EPR registration. The CPCB rules and processes for managing discarded tyres must be adhered to by qualified producers. 

The benefits of EPR registration for waste tyres are much more than just a legal authorization to handle waste tyres. Some of the key benefits of the EPR Authorization include:

• it also offers financial benefits to business entities.
• By reducing the costs of production and encouraging recycling.
• Reduces tyre wastage pollution and helps to create a sustainable environment.
• Eliminates the need for other garbage disposal techniques like burning or burial.
• Assures that items and the parts that make them are recycled and refurbished properly.
• Reduces the financial and physical load of waste management on regional governments.

•  GST Registration Certificate
• PAN card of the business entity
• Details of the proposed EPR plan
• Registration certificate of the business entity
• Relevant authorities' environmental clearances or NOCs
• Undertaking as provided in Annexure B provided in the official Instruction Sheet
• Tyre Composition as provided in Annexure C provided in the official Instruction Sheet
• Copy of the State Pollution Control Board permits for the storage and transportation of used tyres
• Covering letter as per the format provided in Annexure A provided in the official Instruction Sheet
• Copy of the State Pollution Control Board authorization for the removal and collection of waste tyres
• Proof of the ownership or leasing of the property wherein waste tyre management operations shall take place
• Submission of Plant-wise manufacturing Data in the format provided under Annexure D provided in the official Instruction Sheet. 

The following conditions must be met as part of the CPCB EPR registration process for wasted tyres:

• Every producer, importer, and brand owner of tyres in India must complete the EPR authorization process. 

• As an assurance that their EPR requirements would be fulfilled, tyre manufacturers, importers, and brand owners must submit a bank guarantee in the amount of 2 lakh rupees.

• Submission of the semi-annual reports addressing the collection, dismantling, and recycling of waste tyres from the tyre manufacturer, importer, and brand owner.

• Authorization of the State Pollution Control Board authorization shall be necessary for the collecting, storage, and transportation of waste tyres, and it must be gained by the tyre manufacturer, importer, and brand owner's designated agents.

• Manufacturers, Importers, and Brand Owners shall make sure that their authorized representatives possess the required authorization from the State Pollution Control Board for recycling and dismantling waste tyres.

1. Sign up for the EPR CPCB portal: The applicant must create login credentials on the EPR portal for battery waste www.eprtyrescpcb.in by filling in basic details such as the name of the applicant entity, contact details, business data, official email address, and password.
    
2. Filling out the Form and Submission: After forming an account, the applicant will need to sign in and start the registration procedure by filling out the EPR registration form either as a manufacturer or recycler and attaching a PDF copy of any necessary documents. The applicant shall pay the application fees as per the details given below along with the application for Registration.
    
3. Application processing and verification: The CPCB must examine and process the application after receiving it for EPR registration for waste tyre. If the application is found to be incomplete during processing due to insufficient documentation or a lack of details, applicants will be informed via the portal. The application will be denied and the application fee forfeited, nevertheless, if any false or irrelevant data or documents are submitted with it.
    
4. Grant of Authorization Certificate: Upon being approved by the CPCB, the EPR Authorization for Battery wastes shall be issued on the website portal in a downloadable format bearing the signature of the Competent Authority. Once issued, the certificate shall be valid for one year starting from the date of registration.

Any PIBO may purchase an EPR certificate up to 10% of the extended producer responsibility obligation for the current year, plus any remaining extended producer responsibility liabilities from prior years to complete their targets for the given years. Nevertheless, they might also satisfy the requirement by equitably acquiring extended producer responsibility certificates on each quarter. The portal will be routinely updated with all the availability, requirement, and other pertinent information.

Consequences for Failure to Acquire Registration:

1. If any inaccurate information is given to get an EPR certificate or if companies covered by the Hazardous Waste Management Amendment Rules, 2022, generate EPR certifications over 5% of the real waste tire recycled, they may be prosecuted under Section 15 of the Environment (P) Act.

2. Breaching the validation and audit procedures will result in legal action being taken under the Environment (Protection) Act. Further, any false information for EPR certificates or deliberately violate them, leading to prosecution and environmental compensation penalties leading to producers, recyclers, and traders being held accountable under the Environment (Protection) Act. If shortfalls are addressed within three years, applicants may receive a refund. The following shall be held liable for environmental compensation.

3. Recyclers for giving inaccurate information or granting fake extended producer responsibility certificates. Unregistered manufacturers, recyclers, and any business that assists an offender in violating the rules. It is to be noted that as the deficit will be carried over to the following year and a maximum of three years, receiving compensation will not relieve the entities from their EPR commitment or unmet EPR targets obligation. However, the following refund requirements will apply:

Year to cover the shortfall	Refund Percentage
Within the first year of the penalty	85% of the environmental compensation
Within the second year of the penalty	60% of the environmental compensation
Within the third year of the penalty	30% of the environmental compensation
After the third year	No refund

EPR authorization for Waste Tyres is an effective manner of implementing the responsibility of managing and handling tyre waste in an ecologically safe manner and promoting recycling. However, even if it is a legal obligation for an entity, EPR authorization could work to the business' advantage by lowering costs and improving credibility.  Contact Agile Regulatory if you require consultation, information, or support in obtaining an EPR registration.