Summary: The Plastic Waste Management Rules, 2016, introduced a comprehensive framework to manage plastic waste in India, with a focus on Extended Producer Responsibility (EPR). EPR mandates that producers, importers, and brand owners are responsible for the collection, recycling, and disposal of plastic waste generated from their products. This responsibility extends to both pre-consumer and post-consumer plastic packaging waste. The rules emphasize the role of waste generators, including individuals, offices, and industries, in segregating and managing plastic waste at the source. Additionally, local bodies, gram panchayats, retailers, and street vendors are also tasked with managing plastic waste. The rules cover various types of plastic packaging, including rigid, flexible, multilayered, and compostable plastics. Producers and other obligated entities must register on a centralized portal developed by the Central Pollution Control Board and submit annual returns on their waste management activities. Failure to fulfill EPR obligations can result in the imposition of Environmental Compensation (EC), with unfulfilled responsibilities carried forward to the next year. The initiative is designed to shift the economic burden of waste disposal from the government to the entities that generate plastic waste, aligning with the “Polluter Pays” principle.
The Plastic Waste Management Rules 2016 was notified in March 2016. These rules apply to the manufacture, distribution, sale of brand owners, carrying bags, plastic sheets or multi-layered packaging, etc.
For the first time, the responsibility of waste generators was prescribed. Individual and bulk generators such as offices, commercial establishments and industries are required to segregate plastic waste at the source, hand over the segregated waste and pay the user fee according to the bye-laws of local bodies.
The Plastic Waste Management Rules, 2016, mandate the generators of plastic waste to take steps to minimize generation of plastic waste, not to litter the plastic waste, ensure segregated storage of waste at source and hand over segregated waste in accordance with rules. The rules also mandate the responsibilities of local bodies, gram panchayats, waste generators, retailers and street vendors to manage plastic waste.
(1.3) The Plastic Waste Management Rules, 2016 cast Extended Producer Responsibility on Producer, Importer, and Brand Owner. Extended Producer Responsibility shall be applicable to both pre-consumer and post-consumer plastic packaging waste.
(1.4) These guidelines provides framework for implementation of Extended Producer Responsibility. The Guidelines provide the roles and responsibilities of Producers, Importers, Brand Owners, Central Pollution Control Board, State Pollution Control Board or Pollution Control Committees, recyclers and waste processors for effective implementation of Extended Producer Responsibility.
What is EPR?
Extended Producer Responsibility (EPR) is a policy method wherein the producers take responsibility for the disposal of waste products that they produce once the products are deemed to be not useful for consumers. It is based on the principle- “Polluter pays”. This implies that the one who pollutes the environment should pay to keep the environment clean and intact. EPR transfers the economic liability of the value of the disposal from the government to the manufacturer, Importers, Recylers etc.
Obligated Entities:
The following entities shall be covered under the Extended Producer Responsibility obligations and provisions of these guidelines namely:-
(i) Producer (P) of plastic packaging;
(ii) Importer (I) of all imported plastic packaging and / or plastic packaging of imported products;
(iii) Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.;
(iv) Plastic Waste Processors
Coverage of Extended Producer Responsibility:
The following plastic packaging categories are covers under Extended Producer Responsibility:
(i) Category I Rigid plastic packaging;
(ii) Category II Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches;
(iii) Category III Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic);
(iv) Category IV Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.
The Extended Producer Responsibility Guidelines covers the following with respect to plastic packaging namely: –
(i) Reuse;
(ii) Recycling;
(iii) Use of recycled plastic content;
(iv) End of life disposal
Key Definition :-
“Brand Owner” means a person or company who sells any commodity under a registered brand label or trade mark;
“Importer” means a person who imports plastic packaging product or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like
“Producer” means person engaged in manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity;
Plastic Waste Processors means recyclers of plastic waste as well as entities engaged in using plastic waste for energy (waste to energy) including in coprocessing or converting plastic waste to oil (waste to oil) except in cases where feedstock chemicals are produced for further use in the production of plastic which may then be considered under recycling , industrial composting;‘;
Post-consumer plastic packaging waste‖ means plastic packaging waste generated by the end use consumer after the intended use of packaging is completed and is no longer being used for its intended purpose;‘;
Pre-consumer plastic packaging waste means plastic packaging waste generated in the form of reject or discard at the stage of manufacturing of plastic packaging and plastic packaging waste generated during the packaging of product including reject, discard, before the plastic packaging reaches the end-use consumer of the product;‘;
“Recyclers” are entities who are engaged in the process of recycling of plastic waste;‘;
“Biodegradable plastics” means that plastics, other than compostable plastics, which undergoes complete degradation by biological processes under ambient environment (terrestrial or in water) conditions, in specified time periods, without leaving any micro plastics, or visible, distinguishable or toxic residue, which have adverse environment impacts, adhering to laid down standards of Bureau of Indian Standards and certified by Central Pollution Control Board
Registration:
(a) The following entities shall register on the centralized portal developed by Central Pollution Control Board namely: –
(i) Producer (P);
(ii) Importer (I);
(iii) Brand owner (BO);
(iv) Plastic Waste Processor engaged in (a) recycling, (b) waste to energy, (c) waste to oil, and (iv) industrial composting,
(b) Registration of Producers, Importers & Brand-Owners (operating in one or two states) and Plastic Waste
processors shall be done by State Pollution Control Board or Pollution Control Committee through the centralized
Extended Producer Responsibility portal developed by Central Pollution Control Board
Website for Registration :- https://eprplastic.cpcb.gov.in/#/plastic/home
Annual Return :-
Producer, Importer Brand Owner and waste processors & manufacturers shall File Annual Return by 30th June of next Financial year Certificates for processing of plastic waste, are only to be issued by registered and certified waste processors to fulfil EPR Obligation Quarterly Report by the last date of month following the quarter Audit and verification by SPCB/PCB
Penalties :-
Imposition of Environmental Compensation (EC)
Un-fulfilled obligation for any year to be carried forward to next year and payment of EC shall not absolve all Obligated entities
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