India Amends the Rule for Plastic Waste Management

On 16 February 2022, the Ministry of Environment, Forest and Climate Change published the Plastic Waste Management (Amendment) Rules, 2022, amending the Plastic Waste Management Rules, 2016. The Rules brought in Extended Producer Responsibility (EPR) to ensure a collective system of plastic wastes by the producer and brand owners.

The amended guideline provides the framework for further implementation of EPR and the prohibition of identified single-use plastic items with effect from July 01, 2022. Generators of plastic waste have to minimize plastic waste generation, not litter the environment with plastic waste and store them according to the rules.

The Rules affect importers, brand owners and plastic waste processors as the entities that fall under the category of Extended Producer Responsibility. They have to register in the centralized portal developed by Central Pollution Control Board (CPCB). The new rules classify plastics into four categories and mandate recycling and reusing a certain percentage of plastic produced and used by manufacturers, importers, and brand owners. From 2018 to 2021, 310 companies have been approved as brand owners and four companies have been approved as producers.

Brand Owners (BO) include online platforms/marketplaces, supermarkets/retail chains other than those, micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.

CPCB is also preparing an online portal and this will be the single point for the registration as well as filing of annual reports by producers, importers, brand-owners, and plastic waste processors of plastic packaging waste. The portal is expected to be ready by March 31, 2022.

The amended Rules also lay out a roadmap for upcoming activities (see below Table). 

For example, Category I needs to comply with 50% recycling and reusing of plastics by 2025 and Category III needs to comply with 30% recycling and reusing by 2025.

According to the Standard Operating Procedure (SOP) for Producers, Importers, and Brand Owners (PIBOs) that was amended and published in March 2021, registrants need to provide documents such as proof of selling in more than two states, valid consents under Air and Water Act (if the unit has ap production facility), documents related to Action Plan and others.

PIBOs are expected to submit progress reports half-yearly, addressing their management of plastic waste for each State in their Extended Producers Responsibility action plan. The submission should be done within 15 days from completing the preceding half-year team. The report should indicate the quantity as well as the type of plastic waste, the evidence of state-wise collection of waste according to EPR target and the details of your plastic waste collection, management, and processing.

PIBOs must provide the details of recycling certificates only from registered recyclers, as well as the quantity sent for end-of-life disposal, by June 30 of the next fiscal year, while making yearly returns on the online portal.

To know your compliance requirements, contact compliance@gpcregulatory.com 

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