The Government of India has been proactive in ensuring the safe handling, storage, utilization, disposal, and management of hazardous and other wastes within the country. The pivotal step in this direction has been the introduction of the Hazardous and Other Wastes (Management & Transboundary Movement) [HOWM] Rules, 2016. These rules aim to mitigate the environmental and health impacts associated with hazardous wastes by providing a comprehensive framework for their management.
In a significant development, the Ministry of Environment, Forest & Climate Change notified the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2023, under notification No. G.S.R 677(E) dated September 18, 2023. This amendment brings a noteworthy change by introducing the Extended Producer Responsibility (EPR) for the environmentally sound management of used oil, effective from April 1, 2024. The Central Pollution Control Board (CPCB) has been entrusted with the responsibility of implementing this EPR mandate.
Used oil, as defined under the HOWM Rules, encompasses any oil derived from crude oil or mixtures containing synthetic oil. This includes spent oil, used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil, and their tank bottom sludge. These oils are considered suitable for reprocessing if they meet the specifications laid down in Part A of Schedule-V of the HOWM Rules, 2016. However, it’s important to note that waste oil, as separately defined in the HOWM Rules, 2016, is not included in this category.
Registration Requirements for Stakeholders
To streamline the management of used oil and ensure compliance with the EPR, the CPCB has developed a dedicated portal for the registration of various entities involved in the lifecycle of used oil. The following entities are mandated to register on this portal:
- Producers: who
- manufactures and offers to sell base oil or lubrication oil domestically under its own brand; or
- offers to sell lubrication oil domestically under its own brand, using the base oil manufactured by other manufacturers or suppliers; or
- offers to sell imported base oil or lubrication oil domestically;
- Recyclers: Entities involved in the recycling of used oil.
- Used Oil Importers: Entities importing used oil.
- Collection Agents: Entities responsible for collecting used oil.
To facilitate this, the CPCB has categorized producers into nine distinct categories for registration purposes:
- P1: Manufacturers and sellers of base oil.
- P2: Importers of base oil.
- P3: Manufacturers of base oil who sell lubrication oil under their brand/co-brand.
- P4: Importers of lubrication oil.
- P5: Entities procure base oil domestically and sell base oil and its products under their brand/co-brand.
- P6: Entities procure lubrication oil domestically and sell it under their brand/co-brand.
- P7: Entities procure base oil domestically and sell lubrication oil under their brand/co-brand.
- P8: Entities procuring re-refined/recycled base oil domestically and selling lubrication oil under their brand/co-brand.
- P9: Manufacturers and sellers of re-refined/recycled base oil under their brand/co-brand.
Entities seeking registration must provide the following documents:
- Company GST certificate
- PAN card of the company
- IEC certificate
- CIN document
- TIN document
- PAN card of the authorized person
- Records of Sale and Purchase
The introduction of EPR for used oil is a significant step towards ensuring the environmentally sound management of hazardous wastes in India. By mandating the registration of key stakeholders and setting clear guidelines, the government aims to enhance accountability and streamline the recycling and disposal processes.
For entities involved in the production, import, recycling, or collection of used oil, it is crucial to comply with these regulations and complete the necessary registration on the CPCB portal. This not only ensures compliance with the law but also contributes to a cleaner and safer environment.
If you need assistance with the registration process or have any queries, please do not hesitate to contact us. Climeto can help you navigate the complexities of the rules and fully comply with them.
Disclaimer: Above content does not constitute any legal advice and is only provided for educational purpose.
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