Introduction

The Indian government, as part of its big stride toward achieving sustainability and reducing industrial waste, announced that it has issued fresh regulations affecting the non-ferrous metals industry. For this reason, the Centre has given a detailed road map that requires all new products made from non-ferrous metals to have a minimum percentage of recycled content, which will come into force from FY28 onwards with such requirements building up gradually.

According to the notification from the Ministry of Environment, Forest and Climate Change, the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2024, will adopt a new EPR mechanism with effect from April 1, 2025. The new rule ordains that the products manufactured using non-ferrous metals like aluminium, copper, and zinc should contain certain quantities of recycled material.

From the fiscal year 2027-28 (FY28) and beyond, there will be a minimum requirement of 5% recycled content for all the aforementioned non-ferrous metal products including aluminium, copper, and zinc. This move by the policy aims to cut down reliance on primary resources and, subsequently, the environmental damages linked with extracting and processing raw metals. Recycled content requirements will increase gradually over the next few years:

• FY 2029: The minimum recycled content for all non-ferrous metal products will be 10%.
• FY 2031: Targets are divided as per the product type, with 10% for aluminium products, 20% for copper products, and 25% for zinc products.

The main objective is reducing reliance on primary resources lessening the impact mining creates on an environmental level and allowing the non-ferrous metals industry to reduce the rate at which it generates waste by forcing them to utilize recycled materials more; the initiative will create more initiatives to recycle scrap metals.

The revised rules formed part of a larger scheme that regulated hazardous waste management in India. First enacted in 1989, with reissues in 2000, 2003, 2008, and recently in 2016, the Hazardous Waste Management Rules regulated hazardous waste management as regards safe handling, treatment, storage, and disposal. EPR, or Extended Producer Responsibility, is one kind of certificate issued by registered recyclers, tradeable by producers, which has been introduced by the new notifications. If the target for recycling cannot be achieved by the producers, then they have to incur environmental costs. Those who achieve more than their targets can sell these certificates of proof of compliance. The objective of such a system is to motivate producers to increase recycling thereby strengthening the recycling industry. Some authorities that are inactively involved in the design of these rules include the Ministry of Environment and state pollution boards that regulate proper waste management.

This would ensure implementation of the EPR policy, for which the government has set up a steering committee under the chairmanship of the Chairman, Central Pollution Control Board. This committee comprises of members from different ministries and sectors that help in proper implementation of the new rules. They are trying to develop the recycling industry, generate employment, and conserve natural resources by increasing the usage of recyclates.

Debadityo Sinha, climate and ecosystems lead at Vidhi Centre for Legal Policy, welcomed the move: "I think it's in the right direction. If implemented properly, in the long run, it will help to reduce demand for raw materials extracted to make metals, thus benefiting the cause of natural resource conservation."

In summary, India's new EPR regulations for non-ferrous metals mark a major step forward in environmental policy. By setting clear recycled content targets and creating a comprehensive EPR framework, the government aims to promote sustainable industrial practices, support the growth of the recycling industry, and contribute to a more sustainable future.