India Regulatory News

At the 11th meeting of the Conference of the Parties (COP) to the Stockholm Convention on 5 May 2023, more than 120 countries agreed to add 2 plastic chemicals and one pesticide to the Conventions lis...

At the 11th meeting of the Conference of the Parties (COP) to the Stockholm Convention on 5 May 2023, more than 120 countries agreed to add 2 plastic chemicals and one pesticide to the Conventions list of substances for global elimination (Annex A). The delegates to the COP found that the chemicals, the plastic additive UV-328, the flame retardant Dechlorane Plus (also often used in plastics), and the pesticide methoxychlor all meet the Convention criteria as persistent organic pollutants (POPs) required for a global ban.

The uses and hazards of the 3 substances are:

However, time-limited exemptions were agreed on for the use of UV-328 and Dechlorane Plus. The exemptions are summarised in the tables below.

Several countries called for labelling of products that contain the 2 plastic additives while others opposed. The Convention’s Scientific Review Committee plans to evaluate options for identifying POPs in products and waste.

On 2 May 2023, the Indian Ministry of Environment, Forest and Climate Change (MoEF) published a draft notification in the Gazette of India for bringing out regulations for Extended Producer Responsibi...

On 2 May 2023, the Indian Ministry of Environment, Forest and Climate Change (MoEF) published a draft notification in the Gazette of India for bringing out regulations for Extended Producer Responsibility (EPR) for used oil. The public and other stakeholders have 60 days from the date of publication of the draft to make any objection or suggestions on the proposals contained in the draft notification.

Used oil is a major environmental hazard if it is not disposed of properly. One litre of used oil can contaminate 1 million litres of fresh water. The aim of the draft notification is to promote circular economy for used oil such as re-refining of used lubricants which could have both environmental and economic benefits.

The EPR for used oil is notified under the Hazardous and Other Wastes (Management
and Transboundary Movement) Rules, 2016. The latest amendment of these rules is the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023 which will come into force on 1 April 2024.

The definition of used oil is defined in subrule 36 of rule 6 of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 as:

• Any oil derived from crude oil or mixtures containing synthetic oil including spent oil,
  used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial
  gear oil, heat transfer oil, transformer oil and their tank bottom sludges.

• Any oil suitable for reprocessing, i.e. oil that does not include waste oil and meets the limits for polychlorinated biphenyls (PCBs), lead, arsenic, cadmium, chromium, nickel and polyaromatic hydrocarbons (PAH).

Under the draft notification producers, collection agents, recyclers and used oil importers will have to register on the online system developed by the Central Pollution Control Board. The portal will also be used for filing quarterly and annual returns, EPR certificate and tracing of oil produced or generated by the stakeholders.

EPR obligations for producers of base oil or lubrication starts at 10 % of the oil sold or imported in the year 2022-2023 and increases by 10 % for each of the following 5 years. EPR obligations for used oil importers is 100 % of the imported oil. The import of used oil is permitted only for the purpose of re-refining.

The complete text of the draft notification can be found here: https://egazette.gov.in/WriteReadData/2023/245597.pdf

On 27 April 2023 the Indian Ministry of Environment, Forest and Climate Change published a notification in the Gazette of India announcing the Plastic Waste Management (Amendment) Rules, 2023. The Rul...

On 27 April 2023 the Indian Ministry of Environment, Forest and Climate Change published a notification in the Gazette of India announcing the Plastic Waste Management (Amendment) Rules, 2023. The Rules came into force on the day of publication in the Gazette and are an amendment to the Plastic Waste Management Rules, 2016 previously amended by the Plastic Waste Management
(Second Amendment) Rules, 2022.

The following amendments have been made to the Plastic Waste Management Second Amendment Rules, 2022:

Rule 10. Protocols for compostable and biodegradable plastic materials.

The deadline for the provisional certificates for biodegradable plastics issued by the Central Pollution Control Board (subrule 5) has been prolonged by one year. The provisional certificates shall be valid till 30 June 2024 with the condition that production or import of biodegradable plastic shall cease after 31 March 2024.

Rule 11. Marking and labelling

The rule that each plastic carry bag must have name, registration number of the producer or brand owner, and the thickness in case of carry bag and plastic packaging does now not apply to ‘rigid plastic packaging’.

Rule 13. Registration of producer, recyclers and manufacturer

Every producer or importer shall for the purpose of registration make an application as per the guidelines specified in Schedule II. The renewal of registration has been omitted (from Subrule 2). The registration granted under this rule shall be changed only on the request of Producers, Importers
& Brand owners, under the existing Extended Producer Responsibility registration. The registration granted under this rule shall be valid for a period of one year, unless revoked,
suspended or cancelled and shall subsequently be granted for three years.

Schedule II. Guidelines on Extended Producers Responsibility (EPR) for Plastic Packaging

• Clause 6.6: The details regarding registration on the EPR portal have been modified. The following is now valid: While registering, the entities shall have to provide PAN Number, GST Number, CIN Number of the company in case of company and the entities may provide Aadhar Number and shall provide PAN Number of authorized person or representative and any other necessary information as required.

• Clause 10.6: Producers, importers and brand-owners must file annual returns on the collected plastic packaging waste on the EPR portal by 30 June of the next financial year. Provided that the last date for filing of annual returns for the financial year 2022-2023 is the 31 October 2023.

• Clause 11.2: Plastic waste processors (recyclers or other waste processors including composting facilities) must submit annual returns after the end of each financial year by 30 April. Provided that the last date for filing of annual returns for the financial year 2022-2023 is the 31 July 2023.

The Offcial Gazzette can be found here: https://egazette.nic.in/WriteReadData/2023/245496.pdf

In April 2023 the Central Government of India published two notices in the Indian Gazette delaying the start date for the Quality Control Orders (QCOs) for the 10 substances listed in the table below....

In April 2023 the Central Government of India published two notices in the Indian Gazette delaying the start date for the Quality Control Orders (QCOs) for the 10 substances listed in the table below. The initial enforcement date for the substances was 24 April 2023 and 20 May 2023.

The Quality Control Order is the regulation that requires concerned substances to carry the certification mark of the Bureau of Indian Standards (BIS).

For further information on BIS compliance, visit GPCgateway or contact GPC at compliance@gpcregulatory.com

On 23 March 2023, The Gazette of India published that the Indian Department of Chemicals and Petrochemicals (DCPC) has delayed the implementation of the quality control order (QCO) for ethylene glycol...

On 23 March 2023, The Gazette of India published that the Indian Department of Chemicals and Petrochemicals (DCPC) has delayed the implementation of the quality control order (QCO) for ethylene glycol until 28 June 2023. It’s the second time the QCO for ethylene glycol has been delayed. 

Ethylene glycol is used in manufacturing cosmetics, paints, ballpoint pens, solvents, and hydraulic brake fluids. The substance was among five that the Bureau of Indian Standards (BIS) categorized as specialty chemicals covered by QCOs, originally scheduled to enter into force in December 2021.  

The implementation is delayed in the public interest and to prevent dislocation in manufacturing and trade.  

Due to staff shortages, BIS inspectors have been unable to conduct inspections in overseas manufacturing plants exporting materials into India.  

Manufacturers, importers and the traders are obliged to obtain a quality certificate from the BIS under the QCO rules. This process is to be done every two years and the manufacturers, importers, and traders cannot conduct any business using the substance without QCO certificate. 

On 21 March 2023, a draft proposal was released by India’s Central Pollution Control Board (CPCB), that specifies the average lifetime of products under the E-Waste (Management) rules, 2022. On 1 Ap...

On 21 March 2023, a draft proposal was released by India’s Central Pollution Control Board (CPCB), that specifies the average lifetime of products under the E-Waste (Management) rules, 2022. On 1 April 2023, this came into force.

E-waste management refers to the process of properly disposing of electronic waste, which includes any electronic device or component that has reached the end of its useful life. Some strategies of E-Waste management are as follows:

• Reduce: The first step in e-waste management is to reduce the amount of electronic waste generated.

• Reuse: Reusing electronic devices and components is another way to reduce the amount of e-waste.

• Recycle: Recycling is the most common and effective method of managing e-waste. It involves extracting useful materials such as metals, glass, and plastics, which can be used to manufacture new products.

• Disposal: If electronic devices cannot be reused or recycled, they should be disposed of properly.

In short, e-waste management is crucial for protecting the environment and human health. Byreducing, reusing, recycling, and properly disposing of electronic devices, we can minimize the negative impact of e-waste and create a sustainable future.

From 2023 onwards, Producers must comply with the E-Waste recovery targets set up by the E-Waste (Management) rules and the average lifetime of products is used to calculate these targets. Below is the recycling rate given which the producers are required to reach:

The average life for 85 categories of EEE items is proposed. A few examples are given below and the complete list can be found here: link: openpdffile.php (cpcb.nic.in)

E-Waste recycling target is calculated as per the rules by multiplying sales volume of EEE item in year (Y) and E-waste recycling rate.

Example: Recycling target for the above EEE item “scanners” in 2023 can be calculated as follows:

1. E-Waste recycling rate in 2023: 60 %;

2. The average life of a scanner: 5 years;

3. The sales volume in 2018 (2023 – 5): 1500 kg;

4. E-Waste recycling target for the scanner: 1500 kg X 60% = 900 kg

On March 6, 2023, the Indian government issued the guidelines 'IS 18149:2023— Transportation of Dangerous Goods—Guidelines', which have been formulated under the Transport Services Section...

On March 6, 2023, the Indian government issued the guidelines 'IS 18149:2023— Transportation of Dangerous Goods—Guidelines', which have been formulated under the Transport Services Sectional Committee, SSD 01, of the Bureau of Indian Standards (BIS). 

The aim of the Guidelines is to standardize the transportation practices and to ensure safety when transporting of dangerous goods and hazardous goods that pose threat to the public safety, properties and environment. The Guidelines provide detailed precautions which are to be taken for packaging, handling and transportation of the hazardous goods. They apply to all stakeholders including vehicle owners, transport agencies, contractors, consignors, consignees, operators, and drivers. 

The BIS has provided guidelines on classification, packaging, labelling and marking, handling, documentation, role of stakeholders, training, transportation, emergency action, and provisions for segregation.  

The dangerous goods referred in the standard include explosives, gases, flammable liquids, flammable solids, oxidizing substances and organic peroxides, poisonous and infectious substances, radioactive substances, corrosive substances and other miscellaneous dangerous substances.