The Union Environment Ministry has recently introduced a draft notification for the regulation of Extended Producer Responsibility (EPR) under Plastic Waste Management rules 2016. This regulation outlines the amount of plastic waste that must be managed by those who generate plastic packaging waste in India, including producers, importers, and brand owners. This follows the prior introduction of the Plastic Waste Management Amendment Rules in 2021, which aim to ban single-use plastic items with low utility and high littering potential by 2022.
Expectations for Producers
The new mandate requires plastic packaging producers to collect all of their products by 2024, ensuring a minimum percentage is recycled and used for future supply. Annually, producers are obligated to submit reports to the government via a centralized website detailing the amount of plastic they produced during the year.
The Introduction of EPR Certificates
The draft also introduces a system where producers and users of plastic packaging can collect EPR certificates and trade them. The purpose of these certificates is to encourage environmentally responsible management of plastic waste. They also provide a way for organizations to compensate for their shortfalls by trading with other organizations that have exceeded their recycling obligations.
End-of-Life Disposal Measures
According to the proposed regulations, only plastic waste that cannot be recycled, such as multi-layered multi-material plastics, can be sent for end-of-life disposal. Approved methods include incineration via road construction, conversion into energy or oil, and cement kilns, provided these methods have been sanctioned by the Central Pollution Control Board (CPCB).
The Categorization of Plastic Packaging
The draft divides plastics into rigid, flexible, or multi-layered categories depending on their texture, usage, and manufacturing process. Each type of packaging has specific recycling targets to meet within set deadlines.
Progressive Recycling Targets
Companies are expected to reach escalating recycling targets each year. By 2021-22, they must collect 35% of their total output. This increases to 70% by 2022-23 and 100% by 2024. Specifically, at least 50% of rigid plastic and 30% of category 2 and 3 plastics should be recycled by 2024. Following 2026-27, these targets rise to 80% for category 1 plastics and 60% for the other two categories.
Buying EPR Certificates
Entities not meeting their obligations may be allowed to buy EPR certificates on a case-by-case basis. The CPCB will develop a centralized online portal to facilitate these exchanges.
Penalties for Non-Compliance
Failure to comply with the proposed regulations will not result in traditional fines, but instead an environmental compensation will be imposed. However, the rules have not specified the amount of this compensation.
Fines for Unfulfilled Targets
Entities unable to fulfill their recycling targets or purchase enough credits to compensate are subject to a fine. If these targets can be met within three years, a refund of up to 40% of the fine may be available. Failure to meet the targets beyond this period will result in losing the refund. The collected fines will be used for the collection and recycling of uncollected plastic waste.
Banning Certain Plastics
Starting July 2022, the production of specific plastic products such as earbuds with plastic sticks, plastic sticks for balloons, plastic flags, and candy sticks will be banned.