Now a days India is moving forward with environmental sustainability at a fast pace, as are many other countries. Compliance with Extended Producer Responsibility (EPR) is an essential component of this journey. As per Annual Report 2020-21 by CPCB estimated plastic waste generation during the year was approx. 41,26,997 TPA (Tons Per Annum). An EPR policy holds manufacturers accountable for managing post-consumer waste as well as the complete lifecycle of their products. This article offers thorough guidance on EPR Compliance in India w.r.t. Plastic Waste.
INTRODUCTION:
Extended Producer Responsibility (EPR) is a concept where producers are held responsible for the entire lifecycle of their products, including disposal and recycling. It is a crucial step towards sustainable waste management and environmental protection. In India, EPR has gained momentum in recent years, and the government has implemented several policies and regulations to promote it.
EPR was first introduced in India in the early 2000s, with the launch of the National Environmental Policy (NEP) in 2006. The policy aimed to promote sustainable development and environmental protection by encouraging EPR. In 2011, the Ministry of Environment and Forests (MoEF) introduced the E-waste (Management and Handling) Rules, which made it mandatory for producers to manage their e-waste. In 2016, the MoEF introduced the Plastic Waste Management Rules, which made it mandatory for producers to manage their plastic waste. The Ministry also notified The Solid Waste Management Rules, 2016 on 8th April 2016. As plastic waste is part of solid waste, therefore both the rules apply to managing plastic waste in the country.
These regulations make it mandatory for producers to manage their waste and recycle their products. The government has also introduced incentives and tax breaks for producers who implement EPR voluntarily. The Indian government has introduced several policies and regulations related to EPR.
In order to streamline implementation process of EPR, the Ministry of Environment, Forest and Climate Change, Government of India, in its fourth Amendment to the Plastic Waste Management Rules, dated February 16, 2022, notified ‘Guidelines on Extended Producer Responsibility for Plastic Packaging’ in the Schedule II of the Rules.
These regulations 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 further mandate the responsibilities of local bodies, gram panchayats, waste generators, retailers and street vendors to manage plastic waste.
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. It also provides the roles and responsibilities of Producers, Importers, Brand Owners, Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB) or Pollution Control Committees, Recyclers and Waste Processors for effective implementation of Extended Producer Responsibility. These guidelines shall come into force with immediate effect i.e. from 16th Feb 2022.
Accordingly, the Producers, Importers and Brand Owners (PIBOs) and Plastic Waste Processors (PWPs) shall have to register through the online centralized portal developed by the Central Pollution Control Board (CPCB).
KEY DEFINITIONS TO UNDERSTAND:
- “Producer” (P) 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.
- “Importer” (I) means a person who imports plastic packaging or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like.
- “Brand Owner” (BO) means a person or company who sells any commodity under a registered brand label or trademark.
- “Plastic Waste Processors” (PWP) 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.
- “Extended Producer Responsibility” (EPR) means the responsibility of a producer for the environmentally sound management of the product until the end of its life.
- “End of Life disposal” means using plastic waste for generation of energy subject to relevant guidelines in force, which includes co-processing (e.g. in cement, steel or any other such industry) or 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 or for road construction as per Indian Road Congress guidelines etc.
- “Recycling” means the process of transforming segregated plastic waste into a new product or raw material for producing new products.
- “Recyclers” are entities who are engaged in the process of recycling plastic waste.
- “Plastic Packaging” means packaging material made by using plastics for protecting, preserving, storing, and transporting of products in a variety of ways.
- “Reuse” means using an object or resource material again for either the same purpose or another purpose without changing the object ‘s structure.
- “Use of recycled plastic” means recycled plastic used as raw material, instead of virgin plastic, in the manufacturing process.
- “Waste to Energy” means using plastic waste for generation of energy and includes co-processing (e.g. in cement, steel or any other such industry)
- “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.
- “Post-consumer plastic packaging waste” means plastic packaging waste generated by the enduse consumer after the intended use of packaging is completed and is no longer being used for its intended purpose.
ENTITIES COVERED UNDER EPR:
- Producer (P) of plastic packaging.
- Importer (I) of all imported plastic packaging and / or plastic packaging of imported products.
- 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.
- Plastic Waste Processors (PWP)
ENTITIES EXEMPTED FROM COVERAGE OF EPR:
- Export Oriented Units
- The Micro & Small category of Brand Owners
PLASTIC PACKAGING CATEGORIES COVERED UNDER EPR:
- Category I: Rigid plastic packaging (plastic bottles, plastic drums, plastic hard waste)
2. 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
3. Category III: Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic)
4. Category IV: Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.
EPR REGISTRATION:
- Following entities shall register on the centralized portal developed by Central Pollution Control Board namely: –
- Producer (P),
- Importer (I),
- Brand owner (BO),
- Plastic Waste Processor (PWP) engaged in:
- recycling,
- waste to energy,
- waste to oil, and
- industrial composting,
- 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.
- With respect to such entities starting their business in a particular year after the introduction of these regulations and placing their products in market in that year, they shall have Extended Producer Responsibility target obligations from the next year.
- In case any entity falls into more than one sub-category mentioned above as Producer/ Importer/ Brand Owners/ PWPs then the entity shall register under each of those sub-categories separately.
- Further, in cases, where the entity has units in different states, in a particular sub-category as mentioned above as Producer / Importer/ Brand Owners/ PWPs, then these units shall also be registered separately. However, only one registration under a sub-category in a state would be needed, even if more than one unit are located in a state.
- The entities required to register under EPR shall not carry any business without registration obtained through an online centralized portal developed by Central Pollution Control Board.
- The entities covered under EPR shall not deal with any entity not registered through an on-line centralized portal developed by the Central Pollution Control Board.
- CPCB/SPCB or the Pollution Control Committee shall not issue or renew registration to plastic waste recycling or processing units unless the unit possesses a valid consent under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) along with a certificate of registration issued by the District Industries Centre or any other Government agency authorised in this regard.
- Every CPCB/SPCB or the Pollution Control Committee shall take a decision on the grant of registration within 90 days of receipt of an application which is complete in all respects.
REVOCATION OF REGISTRATION:
In case, it is found or determined that any entity registered on the on-line portal has provided false information or has willfully concealed information or there is any irregularity or deviation from the conditions stipulated while obtaining registration under Extended Producer Responsibility guidelines, then the registration of such an entity would be revoked for a one -year period after giving an opportunity to be heard. The entities whose registration has been revoked shall not be able to register afresh for the period of revocation.
VALIDITY OF REGISTRATION & RENEWAL:
The registration granted under these rules shall initially be valid for a period of 1 year, unless revoked, suspended or cancelled and shall subsequently be granted renewal for 3 years. Every application for renewal of registration shall be made at least 120 days before the expiry of the validity of the registration certificate.
TARGETS FOR EPR & OBLIFATIONS FOR IMPORTER, PRODUCER & BRAND OWNERS:
EPR target is plastic waste which is introduced in the market by PIBOs. The Extended Producer Responsibility targets for the Producers, Importers & Brand-Owners shall be determined category-wise as provided in Clause 7 of EPR Guidelines, 2022.
IMPOSITION OF ENVIORNMENTAL COMPENSATION:
- Environmental Compensation shall be levied based upon polluter pays principle, with respect to nonfulfillment of Extended Producer Responsibility targets by Producers, Importers & Brand Owners, for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environment pollution.
- Environmental Compensation, as applicable, shall be levied by the Central Pollution Control Board on PIBOs operating in more than two states. In other cases, it is to be levied by the respective State Pollution Control Board (SPCB). The Environment Compensation, as applicable, shall be levied by the Central Pollution Control Board. In case, the State Pollution Control Board or Pollution Control Committee does not take action in reasonable time, the Central Pollution Control Board shall issue directions to the State Pollution Control Board /Pollution Control Committee.
- Payment of environmental compensation shall not absolve the Producers, Importers & Brand-Owners of the obligations set out in these guidelines. The unfulfilled Extended Producer Responsibility obligations for a particular year will be carried forward to the next year for a period of three years.
- In case, the shortfall of Extended Producer Responsibility obligation is addressed within three years. The environmental compensation levied shall be returned to the Producers, Importers & Brand-Owners as given below:
- Within one year of levying of EC: 75% return.
- Within two years 60% return.
- Within three years 40% return
- After completion of three years on environmental compensation getting due the entire environmental compensation amount shall be forfeited. This arrangement shall allow for collection and recycling of plastic packaging waste by Producers, Importers & Brand-Owners in later years as well.
ANNUAL RETURNS BY PIBOs & PWPs:
- Annual Return required to be filed by PIBOs stating details of the plastic packaging waste collected and processed towards fulfilling obligations under Extended Producer Responsibility with the CPCB or concerned SPCB or Pollution Control Committee as per pro forma prescribed by 30th June of the next financial year. Information on the reuse and/or recycled content used for packaging purposes will also be provided along with the details of the registered recyclers from whom the recycled plastic has been procured.
- The Plastic Waste Processors (PWPs) shall submit annual returns after end of every financial year by 30th April of the next financial year on the quantity of plastic waste processed category-wise as per prescribed pro forma on the centralized portal developed by CPCB.
CONCLUSION:
EPR is a crucial tool in the fight against plastic pollution, shifting the responsibility for waste management to the producers. By incentivizing sustainable design, promoting a circular economy, and reducing environmental pollution, EPR plays a vital role in achieving a cleaner and more sustainable future. Effective implementation of EPR requires collaboration between governments, producers, consumers, and other stakeholders to create a comprehensive and efficient waste management system. To ensure compliance, the Central Pollution Control Board (CPCB) has begun issuing show-cause notices to all unregistered PIBOs. This step aims to encourage their registration and adherence to the Plastic Waste Management Rules, as well as fostering responsible waste management practices.
We Bizsol India Services can assist PIBOs & PWPs in filing applications with the State Pollution Control Board or Central Pollution Control Board, obtaining registration certificates, resolving ambiguities, and submitting annual filings.
Thank You.
CS Anita Patil
