The Ministry of Environment, Forest and Climate Change (“Ministry”) has, vide a notification dated 27th March, 2018, issued the Plastic Waste Management (Amendment) Rules, 2018 (“Amendment Rules”) to amend the Plastic Waste Management Rules, 2016 (“Principal Rules”).
Key changes made by the Amendment Rules:
|Principal Rules||Amendment Rules||Impact|
There was no clause (ab)
|Rule 3, after Clause(a), the following Clause(ab) shall be inserted-
‘alternate use’ means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency;”
|Definition of ‘alternate use’ has been added.|
There was no clause (ga)
|Rule 3, after Clause(g), the following Clause(ga) shall be inserted-
“(ga) ‘energy recovery’ means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic
digestion and land fill gas recovery;”.
|Definition of ‘energy recovery’ has been added.|
|Rule 9 sub-rule (3)
(3) manufacture and use of non- recyclable multilayered plastic if any should be phased out in Two years time.
|Rule 4, sub-rule (3)
(3) manufacture and use of multi-layered plastic which is non-recyclable or non-energy recoverable or with no alternate use should be phased out in Two years time.
|After the amendment, the sub clause deals with manufacture and use of multi-layered plastic which is non-recyclable or non-energy recoverable or with no alternate use instead of non- recyclable multilayered plastic if any.
Therefore, the scope of responsibility of producers, importers and brand owners has been increased.
|Rule 13, sub-rule (2)
Every producer shall, for the purpose of registration or for renewal of registration, make an
application to the State Pollution Control Board or the Pollution Control Committee of the Union territory
concerned, in Form I
|Rule 13, sub-rule (2) substituted
“(2) Every producer or brand-owner shall, for the purpose of registration or renewal of registration, make an application, in Form 1 to,-
(i) the concerned State Pollution Control Board or Pollution Control Committee of the Union territory, if operating in one or two states or Union territories; or
(ii) the Central Pollution Control Board, if operating in more than two States or Union Territories.”
|The amendment seeks to include brand-owner along with producer for the purpose of registration/renewal.
Further, the amendment has clearly demarcated where the application is to be made-
If operating in one or two states or Union territories, then the concerned State Pollution Control Board or Pollution Control Committee of the Union territory.
If operating in more than two states or Union territories, then the Central Pollution Control Board.
Explicit pricing of carry bags.- (1) The shopkeepers and street vendors willing to provide plastic
carry bags for dispensing any commodity shall register with local body. The local body shall, within a
period of six months from the date of final publication of these rules ion the Official Gazette of India
notification of these rules, by notification or an order under their appropriate state statute or byelaws shall
make provisions for such registration on payment of plastic waste management fee of minimum rupees
forty eight thousand @ rupees four thousand per month. The concerned local body may prescribe higher
plastic waste management fee, depending upon the sale capacity. The registered shop keepers shall display
at prominent place that plastic carry bags are given on payment.
(2) Only the registered shopkeepers or street vendors shall be eligible to provide plastic carry bags for
dispensing the commodities.
(3) The local body shall utilize the amount paid by the customers for the carry bags exclusively for the
sustainability of the waste management system within their jurisdictions.
|The amendment removes the payment and registration requirement for shopkeepers and street vendors who were willing to provide plastic bags for dispensing any commodity.|
The Amendment Rules came into force on 27th March, 2018.
Please refer to the hyperlinked source below for the Amendment Rules.