Environment Ministry notifies Plastic Waste Management (Amendment) Rules, 2022; prescribes framework for implementation of Extended Producer Responsibility; effective immediately
The Environment Ministry (“Ministry”) has issued the Plastic Waste Management (Amendment) Rules, 2022 (“Amendment”) to notify the “Guidelines on Extended Producer Responsibility for Plastic Packaging” with immediate effect. These guidelines prescribe 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.
Key Highlights:
1. Coverage of Extended Producer Responsibility: The following categories of plastic packaging are covered under Extended Producer Responsibility:
• Category I Rigid plastic packaging;
• 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;
• Category III Multi-layered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic);
• Category IV Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.
2. Registration:
• 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.
• In case, it is found or determined that any entity registered on the online portal has provided false information or has wilfully 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.
3. Role of Producers, Importers & Brand-Owners:
• The Producers, Importers & Brand-Owners are required to register through the online centralized portal developed by Central Pollution Control Board. The certificate of registration shall be issued using the portal;
• Producers, Importers & Brand-Owners shall provide Action Plan containing information on the Extended Producer Responsibility Target, category-wise, where applicable, through the online centralized portal developed by Central Pollution Control Board, along with application for registration or renewal of registration under Plastic Waste Management Rules, 2016. The Action Plan shall cover tenure of the Registration as per the provisions of Plastic Waste Management Rules, 2016.
• The standard operating procedure for registration and the action plan proforma shall be developed by Central Pollution Control Board as per these guidelines.
4. Plastic Packaging Waste Collection System by Producers, Importers & Brand-Owners:
Producers, Importers & Brand-Owners while fulfilling their Extended Producer Responsibility obligations may develop collection and segregation infrastructure of plastic packaging waste, as required, based on the category of plastics. It may include the following based on implementation modality of Extended Producer Responsibility adopted by Producers, Importers & Brand-Owners: –
(a) establish waste plastic collection points and Material Recovery Facilities (MRFs);
(b) ensure the collection of the plastic packaging waste from the collection points, with a frequency that is proportionate to the area covered and the volume;
(c) offer the collection of plastic, from the entities like urban local bodies, gram panchayats, other public authorities or third parties carrying out waste management, and provide for the collection from all entities that have made use of that offer; provide for the necessary practical arrangements for collection and transport;
(d) ensure that the plastic packaging waste collected from the collection points are subsequently subject to recycling in a registered facility by a recycler or its permitted end use in the designated manner.
5. Fulfilment of Extended Producer Responsibility Obligations :
The Producers, Importers & Brand-Owners will be required to provide the details of recycling certificate only from registered recyclers along with the details of quantity sent for end of life disposal, by 30th June of the next financial year while filing annual returns on the online portal.
Background:
The Plastic Waste Management Rules, 2016, mandates that the generators of plastic waste take steps to minimize generation of plastic waste, ensure segregated storage of waste at source and hand over segregated waste in accordance with Rules. The Principal Rules further cast Extended Producer Responsibility on Producer, Importer, and Brand Owner. Extended Producer Responsibility will be applicable to both pre-consumer and post-consumer plastic packaging waste.
A copy of the Order is hyperlinked below for ease of reference.
