Compliance requirements under the Rules

• Registration of Producers, Collection Agents, Recyclers, and Importers of Used Oil (Rule 26)
  • Any person or entity, irrespective of the selling technique used such as dealer, retailer, e-retailer, who, –
  • manufactures & offers to sell base oil/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;
  • In case any entity falls in more than one categories i.e. producers, collection agents, recyclers, used oil importers, then the said entity shall register themselves under each of those categories separately.
  • The following entities shall get them registered by the Central Pollution Control Board on the portal, namely:-
    • producers;
    • collection agents ;
    • recyclers;
    • used oil importers.
  • In case any entity falls in more than one categories i.e. producers, collection agents, recyclers, used oil importers, then the said entity shall register themselves under each of those categories separately.
  • Collection Agents are categorized as:
  • Collection Agent Level-l (CA-l): Collection agent involved in only collection and transportation of used oil, without storage facility.
  • Collection Agent Level-2 (CA-2): Collection agent involved in collection, storage and transportation of used oil, with adequate storage facility.
  • The entities registered as producer, collection agents, recyclers, or used oil importers under Chapter 7 of Hazardous Waste Managemnt Rules, 2016 shall not deal with any entity not registered under this chapter
• Extended Producer Responsibility (EPR) Responsibility on Producer & Used Oil Importer (Rule 27 (2))

All producers and used oil importers shall fulfil their extended producer responsibility obligation specified in Table given in Rule 27 of HWMR, 2016 and in doing so they may take help of third party organisations, such as integrated used oil management systems, collection centres or dealers.

• Validity of Extended Producer Responsibility (EPR) Certificate (Rule 28 (3) (4))

The validity of the extended producer responsibility certificate shall be two years from the end of the financial year in which it was generated and the expired certificate shall automatically extinguish after the period unless extinguished earlier as per these rules.

Each extended producer responsibility certificate shall have a unique number containing year of generation, code of end product, recycler code and a unique code and shall be in the denominations of 100, 200, 500, 1000 and 10,000 kilograms or as may be laid down by the Central Pollution Control Board with the approval of the Steering Committee constituted under rule 42.

• Limit on purchase of Extended Producer Responsibility (EPR) Certificate by Producers (Rule 29(1))

A producer can purchase extended producer responsibility certificates limited to its extended producer responsibility liability of current year (Year Y) plus any leftover liability of preceding years plus 10 per cent of the current year liability

• Fulfillment of Extended Producer Responsibility (EPR) Obligation by Producers & Used oil Importer (Rule 29(2))

The extended producer responsibility obligation shall have to be fulfilled by the producers and used oil importers by proportionately purchasing extended producer responsibility certificates on a quarterly basis.

• Disclosure of Extended Producer Responsibility (EPR) Certificate details on Portal (Rule 29(4))

The availability, requirement and other details of the extended producer responsibility certificate for every producer or used oil importer or recycler shall be made available on the portal.

• Transaction related to Extended Producer Responsibility (EPR) Certificate (Rule 29(5))

All the transactions under this Chapter shall be recorded and submitted by the producers or used oil importers or recyclers on the portal.

• Responsibility of Producers registered under Chapter 7 of HWMR, 2016 (Rule 31)

The producers of base oil or lubrication oil shall be responsible for, –

• registration on the portal;
• fulfilling extended producer responsibility targets as per sub- rule (2) of rule 27;
• provide the contact details such as address, email address, toll free telephone numbers or helpline numbers to consumers through their website or through advertisements or documentation so as to facilitate the process;
• filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates;
• creating awareness through media, publications, advertisements, posters, or by any other means of communication.
• Responsibility of Used Oil Importer registered under Chapter 7 of HWMR, 2016 (Rule 32)

The used oil importers shall be responsible for, –

• • registration on the portal;
  • fulfilling extended producer responsibility targets as per sub- rule (2) of rule 27 through the portal;
  • filing annual returns in the form provided
• Responsibility of Collection Agent registered under Chapter 7 of HWMR, 2016 (Rule 33)
  • All used oil collection agents shall have to, –
  • register on the portal;
  • collect used oil from the generators and supply to the registered recycler or producer in accordance with these rules and upload information on the portal;
  • filing quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter to which the returns relate;
  • filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates.
  • Collection agent(CA-2) shall obtain CTE & CTO from SPCB/ PCC before registering on EPR portal to set up/operate storage facility/collection points for used oil
  • CA-2 to obtain authorization from SPCB/ PCC prior to registration on used oil EPR portal
  • Collection agent (CA-1) to self-register on EPR portal with validation from SPCB IPCC
  • CA-2 are required to register on EPR Portal for Used Oil Management
  • CA-2/recyclers, depending upon with whom CA- I is attached shall submit document stating that there’s agreement between CA-1 & CA-2 recyclers or between CA-2 & recyclers, as appl, & same is to be provided at portal
• Quarterly Return by Collection Agents registered under Chapter 7 of HWMR, 2016 (Rule 33 (c))

All used oil collection agents shall have to file quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter to which the returns relate.

• Responsibility of Recycler registered under Chapter 7 of HWMR, 2016 (Rule 34)

All used oil recycler shall have to, –

• • register on the portal;
  • ensure that the facility and recycling processes are in accordance with these rules;
  • ensure that no damage is caused to the environment during storage, transportation and recycling of used oil;
  • ensure that the residue generated during the recycling process is disposed of in accordance the said rules;
  • filing quarterly returns in the prescribed form on the portal on or before the end of the month succeeding the quarter to which the returns relate;
  • filing annual returns in the prescribed form provided on the portal on or before 30th June following the financial year to which that return relates.
• Quarterly Return by Recyclers registered under Chapter 7 of HWMR, 2016 (Rule 34 (c))

All used oil recycler shall have to file quarterly returns in the prescribed form on the portal on or before the end of the month succeeding the quarter to which the returns relate

• Responsibilities of the bulk generators (Rule 35)

Bulk generators shall,-

• • set up collection points to facilitate collection agents for collection and transportation of used oil from their premises; and
  • ensure that used oil generated by them be handed over only to the registered recyclers or producer or collection agents.

Bulk generator includes any entity like automobile industry or railways or defence establishments or a transport company or industrial units or power transmission company or hotels or restaurants and other such entity which is generating more than 100 metric tonnes of used oil per annum;

• Registration of Collection Agents of Used Oil on National Hazardous Waste Tracking Portal (NHWTS)

Collection Agents are categorized as:

• • Collection Agent Level-l (CA-l): Collection agent involved in only collection and transportation of used oil, without storage facility.
  • Collection Agent Level-2 (CA-2): Collection agent involved in collection, storage and transportation of used oil, with adequate storage facility.

Both collection agents (CA-1 and CA-2) shall register on National Hazardous Waste Tracking Portal (NHWTS) developed by CPCB (vehicle of CA-1 may be registered by sender or receiver at NHWTS)

• Maintenance of records by Collection Agents

The Collection agents shall maintain record on type and quantity of used oil collected, stored and transferred for recycling, recovery, pre-processing, co-processing and utilisation of such wastes and make these records available for audit.

• Guidelines for Collection,Handling, Transport,Storage of Used Oil by Collection Agent under Used Oil

Collection Agents to follow the Guidelines for Collection, Handling, Transportation and Storage of Used Oil as released by CPCB under Used Oil EPR Framework. The said Guidelines also provide for rules for Packaging and Labelling of containers which are to be followed whilst Packaging and Labelling of Used oil.

• Registration as Co-processor of Used Oil

Any person or entity who is a Co-processor of Used Oil shall register as such on EPR Used Oil portal