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TMI BlogUndertaking from the producers (who includes the Importer) of the base oil or lubrication oil for clearance of consignmentX X X X Extracts X X X X X X X X Extracts X X X X ..... Central Pollution Control Board (CPCB). (copies enclosed). 2. As per Hazardous and Other Waste (Management and Transboundary Movement) Second Amendment Rules, 2023 dated 18.09.2023, effective from 1.04.2024, the Producers (who includes the Importers) involved in import of Base Oil/Lubrication Oil as well as Other Oils (used as lubricants) are required to obtain the registration from Central Pollution Control Board through online portal. The Online EPR portal is expected to be launched by CPCB by May, 2024. Till that time, CPCB has requested to release the said consignments after taking an undertaking from the respective Producer/lmporter as per the enclosed format and submission of the same to CPCB at email id: [email protected] 3. In this regard, it is requested that necessary action may be taken to sensitize officers under your jurisdiction regarding the above matter. 4. The difficulties, if any, may be brought to the notice of the Board. 5. Hindi version follows Encls: as stated above. Yours faithfully, (Deepak L. Arun) OSD (Cus-lll) Email: [email protected] Tele: 011 23094012 CENTRAL POLLUTION CONTROL BOARD MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE, G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase oil/ Lubrication oil/ Other oil items with HSN codes and corresponding quantities as below: S. No Description of Imported oil HSN Code Quantity in MT Date of Import Also, we hereby undertake to submit the copy of the EPR Registration certificate under said rules to Custom Authority within 30 days from the date of launch of the EPR portal for registration by CPCB. We further submit that the copy of this undertaking has been submitted to Central Pollution Control Board ([email protected]) through company authorized e- mail Id. (Copy of the same mail enclosed herewith). (Signature of the Authorized Person) Name of the Authorized Person: Designation: Producer Company GST No.: Producer Company IEC No.: Producer Company Seal: MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 18th September, 2023 G.S.R. 677(E).--Whereas the draft notification containing the draft extended producer responsibility for Used Oil were published by the Government of India in the Ministry of Environment, Forest and Climate Change, vide notification number G.S.R. 338(E), dated the 2nd May, 2023 in the Gazette of India, Extraordinary Part II, Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means any process of utilizing used oil as a fuel, which is not suitable for recycling in accordance with these rules; (g) "environmentally sound management of used oil" means taking all steps required to ensure that used oil is managed in a manner so as to protect health and environment against any adverse effects which may result during collection, transportation and recycling of used oil; (h) "extended producer responsibility" means responsibility of producer of base oil or lubrication oil or importer of used oil under this chapter for meeting recycling targets only through registered recyclers to ensure environmentally sound management of used oil; (i) "guidelines" means any document prepared and issued by the Central Pollution Control Board elaborating minimum requirements for achieving environmentally sound management of used oil including its handling, collection, transportation, storage and recycling; (j) "portal" means the online system developed by the Central Pollution Control Board for management and implementation of compliance of this Chapter; (k) "producer" means any person or entity, irrespective of the selling technique used such as dealer, retailer, er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rol Board for a period up to five-years after giving an opportunity to be heard and in addition, environmental compensation charges may also be levied as per rule 39. (6) The Central Pollution Control Board may charge registration fees and annual maintenance charges from the entities seeking registration under this Chapter based on volume of used oil generated, recycled, or handled by them. 27. Modalities of extended producer responsibility and its target. - (1) The extended producer responsibility covers the following modes for managing the used oil in order of priority, namely: - (i) producing re-refined base oil or lubrication oil; and (ii) energy recovery. (2) All producers and used oil importers shall fulfil their extended producer responsibility obligation specified in Table given below and in doing so they may take help of third party organisations, such as integrated used oil management systems, collection centres or dealers: Provided that the extended producer responsibility shall lie entirely on the producer only. TABLE PART - A For producers of base oil or lubrication oil, the target prescribed in the following Table, - Sl. No. Year. Used oil Recyclin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Control Board or any other agencies authorised by them in this regard. 28. Extended producer responsibility certificate generation. - (1) The Central Pollution Control Board shall generate extended producer responsibility certificate through the portal in favour of a registered recycler, which shall be calculated as per the Table given here under - TABLE S. No. End Product of recycling. Weightage allocated to the end product (WP). (1) (2) (3) 1. Producing re-refined base oil or lubrication oil 1.0 2. Co-processing/ utilisation/ energy recovery for used oil not suitable for recycling, maximum permissible percentage to be prescribed by the Central Pollution Control Board. 0.25 (2) For the purpose of the Table referred to in sub-rule (1),- (i) the quantity eligible for generation of extended producer responsibility certificate shall be calculated as per the following formula, namely: - QEPR = QP x CF x WP ; *the QEPR is the quantity eligible for generation of the extended producer responsibility certificate, Qp is the quantity of the end product and Cf is the conversion factor (quantity of inputs required for production of one unit of output) and Wp is the weig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transactions under this Chapter shall be recorded and submitted by the producers or used oil importers or recyclers on the portal. (6) One or more trading platform for sale and purchase of extended producer responsibility certificates may be established through agency accredited by the Central Pollution Control Board in accordance with the guidelines issued by Central Pollution Control Board with the approval of the Central Government. 30. Portal for registration, filing of annual returns, Extended Producer Responsibility certificate and tracing of materials. - (1) The Central Pollution Control Board shall establish an online system for the registration and as for filing of quarterly and annual returns, extended producer responsibility certificate and tracing of oil produced or generated by any entity or person, which shall ensure a mechanism wherein the material balance of the lubrication oil introduced in the market by any producer in a financial year is reflected. (2) The portal shall act as the single point data repository with respect to management and implementation of extended producer responsibility for used oil. (3) The online portal shall be functional by the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the environment during storage, transportation and recycling of used oil; (d) ensure that the residue generated during the recycling process is disposed of in accordance the said rules; (e) 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; (f) 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. 35. Responsibilities of the bulk generators. - Bulk generators shall,- (a) set up collection points to facilitate collection agents for collection and transportation of used oil from their premises; and (b) ensure that used oil generated by them be handed over only to the registered recyclers or producer or collection agents. 36. Responsibilities of the Central Pollution Control Board. - (1) The Central Pollution Control Board shall be responsible for- (a) operation and maintenance of the portal and monitoring of extended producer responsibility compliance; (b) coordination with the State Pollution Control Boards; (c) prepare and issue Guidelines and Standard Operating Procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds or Pollution Control Committees of Union territories, shall, - (i) ensure proper implementation of this Chapter in coordination with the Central Pollution Control Board; (ii) facilitate setting up of collection points by the collection agents; (iii) monitor the compliance of extended producer responsibility as directed by the Central Pollution Control Board; (iv) conduct random inspection of producers or collection agents or recycler or used oil importers; and (v) perform any other function as directed by the Central Government under this Chapter. 38. Responsibilities of the Bureau of Indian Standards, - The Bureau of Indian Standards shall issue necessary standards for re-refined oil, which could be used as base oil for producers of lubrication oil within nine months from the date of commencement of the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2023. 39. Environmental Compensation. - (1) The Central Pollution Control Board shall lay down guidelines for imposition and collection of environmental compensation on the producers in case of non-fulfilment of obligations set out in this Chapter and transaction or use of fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Committee with the approval of the Central Government. 40. Prosecution. - Any person, who provides incorrect information required under this Chapter for obtaining extended producer responsibility certificates, uses or causes to be used false or forged extended producer responsibility certificates in any manner, wilfully violates any provision of this Chapter or fails to cooperate in the verification and audit proceedings, shall be prosecuted under section 15 of the Act. This prosecution shall be in addition to the environmental compnesation levied under rule 39 of this Chapter. 41. Verification and audit. - (1) The Central Pollution Control Board by itself or through a designated agency shall verify compliance of this Chapter by the producers, used oil importer, bulk generators, collection agents and recyclers through inspection and periodic audit, as deemed appropriate and take actions against violations under rule 39 of this Chapter . (2) Any fee for the verification and audit shall be charged by the Central Pollution Control Board from the concerned registered entity. 42. Steering Committee. - (1) There shall be a Steering Committee headed by the Chairperson, Central Pollu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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