Structure and Key Definitions of the EPR on Non-ferrous metals Rules

The Extended Producer Responsibility (EPR) framework for non-ferrous metal scrap falls under Chapter VIII of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, notified via G.S.R. 438(E) on July 1, 2025.

This chapter introduces the structure of the rules with focus on Rule 44 which contains the key definitions setting the preset for the rest of the rules and their interpretation.

 Layout of the Rules

The rules are logically organized into thematic sections for ease of implementation:

• Definitions: Rule 44 provides foundational terms to standardize interpretation.
• Registration, Compliance, and Responsibilities for Obligated Entities: Rules 45–51 and Rule 64, supported by Schedule XI (EPR Targets) and Schedule XIII (implementation guidance).
• Roles of Pollution Control Boards and Local Authorities: Rules 57–59 and Rule 63 outline oversight, monitoring, and enforcement duties.
• Violations, Verifications, and Audits: Rules 60–62 detail penalties, compliance checks, and auditing processes.

This structure ensures producers, importers, recyclers, and regulators have clear pathways for registration, target achievement, and enforcement.

Key Definitions – Rule 44

Bulk consumer is any entity using at least one thousand tons of non-ferrous metal products listed in Schedule-X, at any point of time in the particular financial year, and includes e-retailer.  

Business refers to any activity of production, manufacturing, recycling, treatment and disposal, sale or import of products made of non-ferrous metals listed in Schedule-X or refurbishing of products made of non-ferrous metals allowed for refurbishing as listed in Schedule XII.

Collection points means the facilities where the registered collection agent would collect the scrap of non-ferrous metals.

Collection agent means a person or entity that collects scrap of non-ferrous metals;

End-of-life of the product means the time when the product including refurbished products is no longer used for the intended purpose.

Environmentally sound management of scrap means taking all steps required to ensure that scrap of non-ferrous metals are managed to protect the environment and public health against any adverse effect or loss, damage or injuries which may result during collection, storage, transportation, processing or disposal.

Extended producer responsibility means the responsibility of the producer of non-ferrous metal products for meeting targets as per schedule XI of the EPR rules on Scrap of Non-ferrous metals.

Facility means any location wherein the process incidental to the collection, reception, storage, segregation, recycling, refurbishing, disposal and treatment of scrap of non-ferrous metals is being carried out.

Guidelines refer to any document prepared and issued by the Central Pollution Control Board elaborating minimum requirements for achieving environmentally sound management of scrap of non-ferrous metals including its handling, collection, storage, transportation storage and its recycling.  

Manufacturer means a person or an entity or a company which is manufacturing any product or component or spare part of non-ferrous metals as specified in Schedule-X of these rules.

Non-ferrous metals mean aluminum or copper or zinc or their alloys for the purposes of the EPR Rules on Scrap of non-ferrous metals.

Orphaned products mean non-branded products listed in Schedule-X of these rules; or those produced by a company which has shut down its operations.

Portal means the online system developed by the Central Pollution Control Board for management and implementation of these rules.

Product means any product made of non-ferrous metals as listed in Schedule-X.

Producer means any person or entity, irrespective of the selling technique used such as dealer, retailer, e-retailer, who, –

• manufactures and offers to sell products made up of non-ferrous metals and their components or consumables or parts or spares under its own brand, using non-ferrous metals; or
• offers to sell under its brand products made up of non-ferrous metals and their components or consumables or parts or spares produced by other manufacturers or suppliers, using non-ferrous metals; or
• offers to sell imported products made up of non-ferrous metals and their components or consumables or parts or spares under their own brand or original brand, using non-ferrous metals; or
• who imports used devices or products or scrap of non-ferrous metals.

Recycling means any process of melting and refining of end-of-life products as listed in Schedule-X, made of non–ferrous metals and producing value-added products or recycled metals and alloys in an environmentally sound manner and having facilities as elaborated in the standard operating procedure or guidelines specified by the Central Pollution Control Board.

 Recycler means any person or entity engaged in the process of recycling scrap of non- ferrous metals.

Recycling target means the quantity of the scrap of non-ferrous metals to be recycled as per the provisions of Schedule-XI.

Refurbisher means any person or entity repairing or assembling used product made of non-ferrous metals as listed in Schedule- XII for extending its working life over its originally intended life and for same use as originally intended, and selling the same in the market as the same brand or in new brand name.

 Standard operating procedure means the document specified by the Central Pollution Control Board elaborating the minimum requirement of equipment and processes.

 Summary :

Chapter VIII (Rules 44–64, Schedules X–XIII) of the 2025 HOWM Amendment Rules structures EPR for non-ferrous metals (aluminum, copper, zinc alloys) around definitions, producer obligations (Rules 45–51, 64), SPCB roles (Rules 57–59, 63), and enforcement (Rules 60–62), with Rule 44's key terms like "producer," "recycling," and "EPR" enabling precise implementation of Schedule-XI targets via CPCB portals and guidelines.