New Delhi : India has taken a bold step toward sustainable waste management with the notification of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, announced by the Ministry of Environment, Forest and Climate Change. Set to come into effect on April 1, 2026, these rules introduce a robust Extended Producer Responsibility (EPR) framework targeting non-ferrous metals such as aluminum, copper, zinc, and their alloys. This landmark legislation aims to foster a circular economy, addressing the pressing challenges of resource scarcity, environmental pollution, and informal waste management practices. However, while the rules signal ambitious environmental goals, their implementation faces significant hurdles, particularly regarding institutional capacity, infrastructure gaps, and the integration of informal recyclers.
Background of the Hazardous Waste Amendment Rules 2025
The journey to the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, began with the draft notification of the Second Amendment Rules, 2024, published on August 14, 2024. The draft invited public feedback for 60 days, which the central government reviewed under the authority of the Environment (Protection) Act, 1986. The finalized rules amend the existing Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, marking a significant evolution in India’s waste management policies.
The new rules introduce an EPR framework specifically for non-ferrous metal scrap, building on the concept first introduced in India through the E-Waste (Management and Handling) Rules, 2011. EPR makes producers responsible for the end-of-life management of their products, encouraging sustainable design, production, and recycling practices. By targeting non-ferrous metals like aluminum, copper, and zinc, the rules address materials critical to industries ranging from packaging to electronics, aligning with global circular economy principles.
Key Features of the EPR Framework for Non-Ferrous Metals
The EPR framework for non-ferrous metals is a cornerstone of the 2025 amendment rules, designed to promote recycling and reduce reliance on virgin resources. Below are the key components:
Ambitious Recycling Targets
The rules outline a progressive recycling target structure for producers, starting at 10% in 2026-2027 and increasing to 75% by 2032-2033. This graduated approach acknowledges the time required for industries to adapt while setting clear long-term goals. The framework covers a wide range of products, including beverage cans, packaging foils, electrical fittings, and furniture, reflecting the diverse applications of non-ferrous metals in India’s economy.
Role of the Central Pollution Control Board (CPCB)
The Central Pollution Control Board (CPCB) plays a pivotal role in implementing the EPR framework. The CPCB will develop and maintain an online portal to manage:
- Registration of manufacturers, producers, collection agents, refurbishers, and recyclers.
- Data collection for half-yearly and annual returns.
- EPR certificate generation and transactions, valid for two years from the end of the financial year in which they are issued.
- Compliance monitoring through random inspections.
- Awareness and training programs to educate stakeholders.
Producers can meet their EPR obligations by purchasing certificates from registered recyclers via the portal, ensuring a transparent and streamlined process.
Environmental Compensation and Non-Compliance
Non-compliance with the rules incurs environmental compensation, imposed by the CPCB after due process. Compensation funds are allocated for environmental restoration and proper waste management. Notably, EPR targets can be carried forward for up to three years, with partial refunds possible upon subsequent compliance. However, the lack of clear calculation methodologies for compensation creates uncertainty for businesses.
Minimum Recycled Material Usage
The rules mandate modest recycled material usage targets for new products:
- 5% by 2028-29 for all non-ferrous metals.
- 10% for aluminum, 20% for copper, and 25% for zinc by 2031-32.
These targets, outlined in Schedule-XIII, have drawn criticism for their limited ambition compared to the draft’s emphasis on resource scarcity and environmental urgency.
Environmental Potential of the EPR Framework
The EPR framework is a significant step toward a circular economy, emphasizing sustainable design, production, distribution, consumption, reuse, and repair. By promoting recycling, the rules aim to reduce the environmental impact of mining non-renewable resources like ores and minerals, which are often extracted from ecologically sensitive areas inhabited by tribal communities. Recycling non-ferrous metals offers social, economic, and environmental benefits, including employment generation and reduced deforestation.
The comprehensive product coverage and the CPCB’s online portal demonstrate a forward-thinking approach to waste management. The portal’s centralized data collection and certificate trading system aim to enhance transparency and accountability, fostering trust among stakeholders.
Implementation Challenges and Systemic Constraints
Despite its progressive intent, the EPR framework faces several implementation hurdles:
Tight Timelines for CPCB
The CPCB is tasked with developing a comprehensive online portal within six months of the rules’ commencement (by October 1, 2026). This timeline is ambitious, given the portal’s complexity, which includes registration, certificate trading, and compliance monitoring across multiple stakeholder categories nationwide. The CPCB’s capacity constraints raise concerns about its ability to deliver on these responsibilities effectively.
Administrative Complexity
The registration requirements for manufacturers, producers, collection agents, refurbishers, and recyclers create bureaucratic layers that may disproportionately affect smaller enterprises. The rules mandate registration for operation but offer limited guidance on integrating informal recyclers, who handle a significant portion of India’s metal waste. Without structured inclusion, informal recyclers risk being sidelined, threatening their livelihoods.
Infrastructure and Technology Gaps
The rules assume adequate recycling infrastructure, but India’s capacity for environmentally sound recycling of non-ferrous metals is limited. The requirement for “environmentally sound management” lacks clarity on financing or implementing technology upgrades, particularly for smaller recyclers. The conversion factor formula for EPR certificate generation, dependent on CPCB-defined technologies, adds regulatory uncertainty.
Governance and Enforcement Challenges
A Steering Committee, chaired by the CPCB chairperson and comprising government and industry representatives, oversees EPR implementation. However, its decision-making processes and accountability mechanisms are unclear. The provision allowing the central government to relax filing deadlines by up to nine months may undermine the rules’ urgency. Additionally, the lack of specific protocols for coordination between central and state pollution control boards risks inconsistent enforcement across states.
Integration of Informal Recyclers: A Critical Concern
Informal recyclers play a crucial role in India’s waste ecosystem, but their integration into the formal EPR framework remains a significant challenge. The rules do not provide a clear strategy for formalizing informal operations, which could lead to their displacement. RN Chouhan, senior principal scientist at the Jawaharlal Nehru Aluminium Research Development & Design Centre (JNARDDC), highlighted efforts by the Recycling Promotion Division to transform recycling industries into a formal ecosystem through technology upgrades, capacity building, and standardization. However, without targeted incentives or cooperative models, informal recyclers may struggle to comply with registration and technology requirements.
Alignment with Global Standards: The Hong Kong Convention
The EPR framework aligns with global sustainability efforts, such as the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (HKC), which entered into force on June 26, 2025. The HKC, adopted in 2009, sets global standards for ship recycling, mandating an Inventory of Hazardous Materials (IHM) for vessels ≥ 500 GT and strict regulations for recycling facilities. India, one of the largest ship-recycling nations, has authorized over 100 recycling facilities under the HKC framework.
However, the HKC faces criticism for not banning beaching, a hazardous recycling practice prevalent in India and Bangladesh. The NGO Shipbreaking Platform has highlighted issues such as inadequate worker safety, lack of hazardous material disposal capacity, and the use of flags of convenience to circumvent regulations. In 2024, 80% of the world’s aging fleet was scrapped under such conditions, underscoring the need for stricter enforcement.
Bangladesh has made progress by aligning its shipbreaking industry with international standards, including the Basel, Rotterdam, and Stockholm Conventions, through draft amendments reviewed in February 2025. India’s EPR rules could complement these efforts by promoting environmentally sound recycling practices for non-ferrous metals used in shipbuilding.
CPCB’s Call for Public Input on Environmental Compensation
On May 22, 2025, the CPCB released draft guidelines for environmental compensation under the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2023. The guidelines, outlined in an Office Memorandum dated May 21, 2025, detail the methodology for imposing compensation on non-compliant entities. The CPCB invited public feedback until June 5, 2025, to finalize these guidelines, emphasizing their role in ensuring environmental accountability.
Expert Insights and Future Directions
RN Chouhan noted that the recycled material usage targets (5% by 2028-29, increasing to 10-25% by 2031-32) are a “good starting point” for industries transitioning from virgin materials. However, he suggested that more ambitious targets may be introduced in the future. The modest targets contrast with the draft’s preamble, which emphasized the urgency of addressing pollution and resource scarcity.
To enhance the EPR framework’s effectiveness, the government must:
- Strengthen CPCB’s capacity with increased resources and technical expertise.
- Develop formalization strategies for informal recyclers, such as incentives or cooperative models.
- Enhance transparency in EPR certificate trading and recycling audits to prevent fraud.
- Invest in recycling infrastructure to support environmentally sound management.
- Clarify governance mechanisms for the Steering Committee and state-central coordination.
Conclusion: Balancing Ambition and Feasibility
India’s Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, represent a progressive step toward sustainable waste management and a circular economy. The EPR framework for non-ferrous metals sets ambitious recycling targets and leverages digital tools like the CPCB’s online portal to streamline compliance. However, challenges such as tight timelines, administrative complexity, infrastructure gaps, and the integration of informal recyclers threaten its effectiveness.
By addressing these hurdles through collaborative governance, adaptive policies, and robust infrastructure investment, India can transform its waste management ecosystem. The coming years will test whether the rules can translate policy intent into measurable environmental and economic impact, positioning India as a leader in sustainable non-ferrous metal recycling.
Frequently Asked Questions (FAQs)
1. What are the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025?
The Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, notified by the Ministry of Environment, Forest and Climate Change, introduce an Extended Producer Responsibility (EPR) framework for non-ferrous metals like aluminum, copper, zinc, and their alloys. Effective from April 1, 2026, these rules amend the 2016 regulations and aim to promote a circular economy by making producers responsible for the end-of-life management of their products, with recycling targets increasing from 10% in 2026-2027 to 75% by 2032-2033.
2. What is the role of the Central Pollution Control Board (CPCB) in the EPR framework?
The CPCB is tasked with developing and managing an online portal for registration, data collection, EPR certificate generation, and compliance monitoring. It coordinates with state pollution control boards, develops guidelines, conducts inspections, and organizes awareness programs. The portal facilitates half-yearly and annual returns, EPR certificate transactions (valid for two years from the financial year-end), and ensures transparency in the non-ferrous metal waste ecosystem.
3. What are the key challenges in implementing the 2025 Amendment Rules?
Implementation challenges include the CPCB’s tight six-month timeline to develop a comprehensive online portal, its capacity constraints, and the lack of clear protocols for state-central coordination. Other issues include bureaucratic registration requirements that may burden smaller enterprises, limited recycling infrastructure, undefined environmental compensation methodologies, and the risk of sidelining informal recyclers who handle a significant portion of metal waste.
4. How do the rules address informal recyclers in India’s waste ecosystem?
The rules require all entities, including recyclers, to register on the CPCB’s portal to operate, but they lack specific strategies for integrating informal recyclers. This raises concerns about their potential displacement, as informal recyclers play a crucial role in India’s waste management. Experts like RN Chouhan from JNARDDC emphasize efforts to formalize the sector through technology upgrades and capacity building, but targeted incentives or cooperative models are needed to ensure their inclusion.
5. How do the 2025 Amendment Rules align with global sustainability standards?
The rules align with global efforts like the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (HKC), effective June 26, 2025, which sets standards for ship recycling. India, a major ship-recycling nation, has authorized over 100 facilities under the HKC. The EPR framework’s focus on recycling non-ferrous metals complements these standards, though challenges like the hazardous practice of beaching and the use of flags of convenience in ship recycling highlight the need for stricter enforcement.
