Legal Architecture
The Draft of the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2024 were notified in August 2024. The final rules have been notified vide notification number G.S.R 438(E) dated 1st July 2025. These rules will become effective from 1st April 2026.
Under the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, Chapter VIII – "Extended Producer Responsibility for Scrap of Non-Ferrous Metals" have evolved into a comprehensive enforcement system centred on Extended Producer Responsibility (EPR) for non-ferrous metals scrap.
Background and Rationale
India generates approximately 5.4 million tonnes of non-ferrous metal scrap—primarily aluminium, copper, and zinc—annually. This is rapidly increasing and causes stress on the mines as well as the import of such non-ferrous metal scrap. According to the India imports over 1 million tonnes of non-ferrous metal scrap annually.
The EPR on such non-ferrous metal scrap generated shifts responsibility to producers for post-consumer scrap management, aiming to reduce reliance on virgin mining resources amid India's 1,300+ active mines which are straining ecosystems.
This is in lieu to promote a circular economy by mandating recycled content in non-ferrous metal produced, cutting the import needs and boosting the recycling infrastructure. Use of recycled content in production of Non-Ferrous metals also results in reducing the CO2 emissions into the atmosphere.
This addresses improper waste disposal, enhances resource conservation, formalizes scrap handling, and aligns with global sustainability goals, potentially growing India's $11 billion metal recycling sector.
This framework applies to aluminium, copper, zinc and their alloys.
Objectives of the Rules:
To implement ‘Polluters pay’ principle (Extended Producers Responsibility) for sustainable waste management in the country;
To emphasize the minimization of non-ferrous waste generated and improve resource recovery;
Provide a regulatory framework for management of non-ferrous metal scrap waste generated in the country and
To promote a circular economy by mandating progressive recycling targets in non-ferrous metal generated.
Scope and Applicability
The Rules apply to every:
a. manufacturer;
b. producer;
c. collection agent;
d. refurbisher; and
e. recycler
involved in the manufacturing, use, distribution, sale, or recycling of non-ferrous metal scrap within India.
Legal and Policy Architecture – Non-Ferrous Metals EPR Framework
Applicable Rules and Schedules
The legal foundation for non-ferrous metals EPR compliance rests on the Chapter VIII of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025 (Rules 44–64):
Rule 44: Definitions covering bulk consumers, business, collection points, collection agents, facilities, manufacturers, producers, recyclers, refurbishers, and extended producer responsibility
Rule 45: Registration requirements for manufacturers, producers, collection agents, refurbishers, and recyclers on a centralized CPCB portal
Rule 46: Responsibility of producers for recycling of scrap of non-ferrous metals and meeting extended producer responsibility targets
Rule 47: Generation of extended producer responsibility certificates through a formula-based mechanism
Rule 48: Refurbishing of non-ferrous metal products and generation of refurbishing certificates
Rule 49: Transaction of extended producer responsibility certificates (purchase, trading, carry-forward provisions)
Rule 50: Online portal for registration, return filing, certificate transactions, and data management
Rules 51–56: Specific responsibilities for manufacturers, producers, collection agents, refurbishers, recyclers, and bulk consumers
Rule 57: Responsibilities of the Central Pollution Control Board (CPCB)
Rule 58: Responsibilities of State Governments, Union Territories, municipalities, and State Pollution Control Boards (SPCBs)
Rule 59: Bureau of Indian Standards (BIS) role in developing standards
Rule 60: Environmental compensation regime
Rule 61: Action for contravention (linking to EPA Section 15)
Rule 62: Verification and audit mechanisms
Rule 63: Steering Committee for oversight and policy guidance
Rule 64: Application of other waste management provisions
Schedules:
Schedule X: List of 18 products made of non-ferrous metals
Schedule XI: EPR recycling targets
Schedule XII: Products allowed for refurbishing
Schedule XIII: Minimum use of recycled materials in new products by metal type and year
Institutional Architecture for Compliance
Compliance monitoring and enforcement under the non-ferrous metals EPR framework operate through a multi-layered institutional architecture coordinated by the Ministry of Environment, Forest and Climate Change (MoEFCC).
1) Central Pollution Control Board (CPCB)
The CPCB is the nodal agency for non-ferrous metals EPR implementation and performs the following functions:
a. Portal Development and Operation: Develops, maintains, and operates the centralized online portal for registration, EPR certificate generation, certificate trading, and return filing by all stakeholders (manufacturers, producers, collection agents, refurbishers, recyclers, bulk consumers).
b. Guidelines and Standard Operating Procedures (SOPs): Prepares, notifies, and periodically revises guidelines and SOPs for:
i. Registration procedures and renewal
ii. EPR certificate generation
iii. Fulfilment of Obligation & filing of returns
iv. Certificate trading mechanisms and pricing rules
v. Collection, storage, transportation, recycling standards and disposal of scrap
vi. Prepare and issue necessary forms for implementation of these rules.
c. Compliance Monitoring and Auditing:
i. Conducts random checks and inspections and audits of producers, collection agents, recyclers, and refurbishers, either directly or through designated agencies (Rule 57(e))
ii. Take any action against violation of these rules.
d. Training and Development:
i. Conduct training programs for capacity building in SPCBs, Local Bodies and State Government Officials
ii. Conduct any awareness programs as deemend appropriate.
e. Annual Reporting: Prepare and submit annual reports to the Central Government detailing implementation status, compliance statistics, and recommendations.
2) State Governments, Union Territories, and SPCBs/PCCs - State-level institutions have the following roles:
a. Industrial Infrastructure: The Department of Industry or authorized government agency ensures earmarking of industrial land/sheds for non-ferrous metal recycling units in existing and upcoming industrial parks and clusters (Rule 58(1)(a)).
b. Workforce Development: State governments undertake recognition and registration of workers in recycling, conduct industrial skill development activities, and ensure annual monitoring of safety and health standards (Rule 58(1)(b–d)).
c. Waste Segregation and Collection: Municipalities and urban local bodies (ULBs) facilitate collection of non-ferrous metal scrap from manufacturing, production, and bulk consumer premises by establishing multiple collection points, and ensure segregation from municipal solid waste (Rule 58(2)(a–d)). They are also required to properly channelize orphan products collected to a registered recycler.
d. State-Level Compliance Monitoring: SPCBs/PCCs coordinate with CPCB for implementation, facilitate collection point establishment by agents, monitor EPR compliance, and conduct random inspections of producers, collection agents, refurbishers, and recyclers within their jurisdiction (Rule 58(3)).
Summary
In summary, the EPR framework for non-ferrous metal scrap under Chapter VIII of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025—effective April 1, 2026—shifts post-consumer responsibility to producers of aluminum, copper, zinc, and its alloys, enforcing the 'polluter pays' principle through CPCB's centralized portal, progressive recycling targets (Schedule XI), certificate trading (Rules 46-49), and minimum recycled content mandates (Schedule XIII).
Covering 18 products and key stakeholders like manufacturers, recyclers, and bulk consumers, it tackles India's 5.4 million tonnes annual scrap generation, cuts import reliance and CO2 emissions, formalizes handling via audits and penalties (Rules 60-62), and leverages CPCB-SPCB coordination (Rules 57-58) to build a circular economy, conserving resources while scaling the $11 billion recycling sector.
