EPR Compliance For Plastic Waste

You must have encountered sometime with huge deposits of plastic waste in your region. The majority of which is almost always the single-use plastic bags that we use in our daily life. Whenever we go to the market we return with at least one or mostly multiple plastic bags. All of this goes to waste the next day. It either end up in landfills or in many places dumped in the open. This plastic waste remains exactly like that because of its non-degradable nature. A portion of it is recycled if segregated and collected properly but considering the very high amount of plastic production, recycling is not going to help a lot to fight the plastic pollution crisis.

The Government of India identified some kinds of single-use plastic and banned manufacturing, import, sale, and distribution. This was a good move on the papers but we could not see any remarkable impact on the ground. There is some lack in the implementation of the orders and the results are disappointing. Even today plastic bags are freely available in the market. The reasons may be the lack of awareness or the lack of alternatives to such plastic items. These plastics, when exposed freely to the environment, pose a big threat to wildlife as small animals get entangled with the plastic debris and some animals may mistake it for food. It may restrict their movement, create digestive problems, and in extreme cases, can also lead them to death.

Similarly, it also affects marine life and poses a threat to marine creatures. It was found in a study that sixty-two percent of debris collected from the Atlantic Ocean was plastic. In some regions, the plastic count reached 20,000 pieces per square kilometer. In the north pacific subtropical gyre, this count hits more than 3 lakh pieces of plastic per square kilometer. Considering the threat of plastic pollution in the environment it is inevitable to have strict rules for the governing bodies as well as the producers of such plastic waste. The Plastic Waste Management Rules, 2016 is in force to regulate plastic waste in the country. It was amended several times since then and a detailed guideline of EPR Compliance for plastic waste was added to the rules in 2022 through an amendment. In this article, we are going to explore the rules regarding the management of plastic waste compliance which producers need to follow if they are involved in the business of specified products.

What is Plastic Waste?

To understand the process of Compliance for Plastic Waste, we need to closely understand the definition of plastic waste as per the applicable rule. In Plastic Waste Management Rules 2016, plastic is defined as-

“The ‘plastic’ means a material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high-density polyethylene, Vinyl, low-density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate.” And plastic waste is defined as-

“The ‘plastic waste’ means any plastic discarded after use or after their intended use is over.”

Plastic materials are listed in the definition of plastic and if a company produces any product that contains any of these materials then the product will fall under this definition. Any waste originating from these products will be called plastic waste and has to be managed under these rules. All the producers that are involved in the business of plastics need to fulfill the EPR Compliances for Plastic Waste as prescribed in these rules.

Scope of EPR Compliance for Plastic Waste Management

The EPR guidelines apply to and create obligations on the producer, importer, brand owner, and plastic waste processor. It also applies to plastic waste processors that are involved in recycling, making energy from waste, making oil from waste, and industrial composting. Brand Owners include online platforms, marketplaces, supermarkets, and retail chains. These guidelines do not apply to Micro and Small Enterprises that are defined by the Ministry of Micro, Small and Medium Enterprises, Government of India.

EPR Compliance for Plastic Waste benefits all the stakeholders in various ways as well as the environment and society at large.

• Creates a Chain Process

The measures which the producers, importers, and brand owners have to take to comply with the rules prescribed under EPR Compliance for Plastic Waste give rise to a very systematic and organized framework that channelizes the plastic waste from the end users to the collection centers to the waste processors. These stakeholders are linked with each other and work together to ensure the waste reaches its end destination as efficiently as possible in a much-optimized manner.

• Benefits for the Society

Society also gets benefited from the EPR policy as the producers take responsibility for waste management. They have targets to achieve and hence try to collect as much waste as possible for the fulfillment of their EPR target. This results in clean streets, dumping yards, and a pollution-free environment for the citizens.

• Benefits for the Companies

The EPR Compliance for Plastic Waste encourages producers, importers, and brand owners to ensure the best management of the waste originating from their business entities. This not just helps to reach the sustainable development goal of the country but also creates a positive image of the companies for society.

• Benefits for the Government

The state government has the duty to keep the environment clean under Article 48A of the constitution. It puts a heavy burden of the costs on the government. The EPR policy shifts this burden onto the waste generators. In this manner, the government saves huge costs which now can be used for different development purposes.

Types of Plastic Waste

Extended Producer Responsibility shall be applicable to plastic packaging waste. It is divided into different categories, as follows-

• Rigid Plastic Packaging
• Flexible Plastic packaging of single/multilayer
• Multilayer Plastic Packaging
• Plastic Sheets and Carry Bags made of compostable plastics

The EPR guidelines cover the above-mentioned plastic packaging in reuse, recycling, reuse of recycled plastic content, and end-of-life disposal. Flexible multilayered plastic packaging covers packaging that has more than one layer of different types of plastic while multilayer plastic packaging covers packaging that has at least one layer of plastic and another layer of some other material.

Regulating Authority in EPR Compliance for Plastic Waste

Different authorities are responsible for enforcing different parts of the rules, depending on where the waste is being generated. The State Pollution Control Board and Pollution Control Committee will be responsible for enforcing the rules for the certification, manufacture, processing, and disposal of plastic waste in the State and Union territories. The Secretary-in-charge of Urban Development will be responsible for enforcing the rules regarding waste management by waste generators, the use of plastic carry bags, plastic sheets, and multi-layered packaging. The Gram Panchayat will be responsible for enforcing the rules for waste management in rural areas. These authorities can get help from the District Magistrate or Deputy Commissioner in their area to enforce the rules.

SPCB and PCC submit an annual report on the EPR portal regarding the fulfillment of EPR obligations by the producers, importers, and brand owners in their respective regions. The report is submitted to the CPCB and State Level Monitoring Committee constituted by the Plastic Waste Rules. A report regarding the recyclers and end-of-life disposal is also submitted to CPCB and the date prescribed is the 31st of July of the next financial year.

Various responsibilities are prescribed in the Plastic Waste Management Rules for different stakeholders. These stakeholders are the producers, importers, brand owners, and waste generators. Apart from these, the local bodies and gram panchayats are also directed to fulfill some duties.

Responsibilities of the Waste Generators-

• Waste Generators should take steps to minimize the generation of plastic waste.
• They should segregate the waste at the source.
• They should manage the segregated storage system for plastic waste.
• They should hand over the segregated waste to the urban local bodies or gram panchayats or agencies appointed by these authorities.
• They may also hand over the segregated waste to registered waste pickers, waste recyclers, and registered waste collection agencies.
• All institutional generators of plastic waste should hand over the segregated waste to authorized waste processing or disposal facilities or deposition centers. They can either do it themselves or use a waste collection agency.
• Waste Generators should also pay any charges levied by local authorities for the collection of waste and operation of the facility.
• In case of plastic waste generated from an event that involves the service of foodstuff, the organizer will be responsible for the segregation and management of such waste.

Responsibilities of the Producer, Importer, and Brand Owner-

• Producers, Importers, and Brand owners, who introduced the product in the market, have the primary responsibility for the collection of used multi-layered plastic sachet, pouches, and packaging.
• They should develop a system to collect the plastic waste generated due to their products.
• They should stop manufacturing and usage of multi-layered plastic packaging that is non-recyclable, non-energy recoverable, and has no other use of plastic.
• They should get registered under the Central and State Pollution Control Board or the Pollution Control Committee as the case may be.
• They should not manufacture and use any plastic or multi-layered packaging without certification with SPCB, or PCC.
• They should maintain a record of all people that are engaged in the supply of plastic used as raw materials.
• They should file annual reports.

Responsibilities of the Plastic Waste Processors-

• Waste processors including recyclers and industrial composting facilities should register themselves with the applicable authority.
• They should submit category-wise annual reports on the processed waste at the end of each financial year.
• Only registered plastic waste processors can provide certificates for processed plastic waste.
• The pro forma of the certificate shall be prescribed by the CPCB and it should include the GST details of the enterprise.
• The number of certificates provided by a waste processor can not exceed the maximum installed capacity of the enterprise.
• They should issue the certificates in the registered name of the producers, importers, and brand owners.
• They should provide details on an annual basis about the end-of-life disposal of plastic packaging waste for that financial year.

Registration Under EPR Compliance for Plastic Waste

The Producer, Importer, Brand Owner, and Waste processor are prescribed to get registered with the relevant authorities. If they are operating in a single state, they should register with the State Pollution Control Board. If they are operating in a union territory, they should register with the Pollution Control Committee. If they are operating in more than one state then they should register with the Central Pollution Control Board. Registration is done using a centralized web portal managed by the CPCB. The following rules shall be followed by the involved authorities and stakeholders regarding the issue of the license-

• They should not do any business without registration.
• They should not deal with any other entity that is not yet registered through CPCB’s centralized registration portal.
• If an entity falls under more than one category then it should obtain registration in both categories separately.
• SPCB and PCC shall make a decision on the application of registration within 90 days.

Along with the additional necessary information as required, the following documents will need to be submitted by the producer, importer, brand owner, and waste processor while registering with the CPCB, SPCB, or PCC for plastic waste management.

For Producers, Importers, and Brand Owners (PIBO)-

• Form I for the Application of Registration
• PAN Number of the Company
• GST Number of the Company
• CIN Number of the Company
• Aadhaar Number of the Representative
• PAN Number of the Representative
• IEC (for Importers)
• DIC Registration (if applicable)
• Process Flow Diagram (for producers)
• Consents issued by SPCB/PCC (for Production facility)
• Signatures of authorized persons
• Covering Letter

For Plastic Waste Processors (PWP)-

• Form II for the Application of Registration
• PAN Number of the Company
• GST Number of the Company
• CIN Number of the Company
• Aadhaar Number of the Representative
• PAN Number of the Representative
• Process Flow Diagrams
• Consents & Authorisations (Under Air/Water Act and HWM Rules)
• Geo-Tagged pictures of

1. Raw material storage area
2. Production area
3. Product dispatch area
4. Plant machinery

• Covering Letter

Apart from these documents, waste processors are required to submit copies of the electricity bills, the analysis report on the characterization of generated waste, occupational safety, and health-related documents, documents regarding pollution control measures, and onsite/offsite disaster management plans. While Form I and Form II are for PIBO and PWP respectively, the manufacturers need Form III for the application for the license.

List of EPR Compliances for Plastic Waste

The producers, importers, brand owners, and waste processors involved in the production or management of plastic waste are required to follow the EPR Compliance for Plastic Waste. They should follow the Compliances and all related rules as mentioned below-

Management

• The producers, importers, and brand owners may develop collection and segregation infrastructure for plastic packaging waste. The infrastructure may include-

1. Setting up plastic waste collection points and Material Recovery Facilities (MRFs)
2. Collect plastic packaging waste from these points regularly
3. Offer collection services to urban local bodies, gram panchayats, and other public authorities
4. Make necessary arrangements for the collection and transport of plastic waste
5. Ensure that plastic waste collected from these points is recycled or used in designated ways

• The network of collection points shall be dependent on the population size and expected plastic waste generation. As it will be very inconvenient for the general public to drop waste far from their residences hence these points shall be in the vicinity and easily accessible to them.
• After the collection of waste, it should be delivered for the identified end uses including treatment and recycling.

EPR Obligations

• Those producers, importers, and brand owners that started their business in the present year, shall have the extended producer responsibility target obligations from the next year.
• When filing annual returns, the producers, importers, and brand owners are required to provide the details of the recycling certificates as well as the details of the products sent for end-of-life disposal.
• They are required to submit these details before 30th June of the next financial year. For example, details of the financial year starting from 1 April 2022 till 31 March 2023 shall be submitted by 30 June 2023.
• CPCB will verify the details submitted during the annual returns with the details updated on the portal so there should not be any difference.
• In case there is any discrepancy, the lower figure shall be considered for the fulfillment of the EPR obligation.

Carry Bag & Packaging Rules

• They should not use carry bags or any packaging made of recycled plastic to store ready-to-eat or drink foodstuffs.
• Their carry bags made of virgin or recycled plastic should be at least one hundred and twenty microns in thickness.
• For the purpose of packaging or wrapping the commodity, they should not use a plastic sheet that is less than fifty microns in thickness. Exceptions can be made if the thickness of the plastic sheet, impairs the functionality of the product.
• They should not use sachets made of plastic materials for storing, packing, and selling gutkha, tobacco, and pan masala. Also, for this purpose, materials like Vinyl Acetate, Maleic Acid, and Vinyl Chloride Copolymer shall not be used in any form.
• The carry bags and multi-layered packaging shall have the prescribed information printed on them. The name and certification number of the manufacturer shall be printed on carry bags and multi-layered packaging. In the case of carry bags, the thickness shall also be printed. The carry bags, that are made of compostable materials are exempted from the condition of thickness.

Surplus Adjustments

• If a brand owner is having a surplus after fulfilling the EPR target for the current financial year, he can offset, carry forward or sell it to other producers, importers, and brand owners.
• There are three categories- reuse, recycle, and end-of-life disposal. The surplus in one category can only be adjusted for the same category.
• Other producers, importers, and brand owners will be able to adjust their EPR targets by purchasing surplus from other producers, importers, and brand owners.
• All these transactions must be reported to CPCB through the online portal.

There are various compliances that have to be followed from time to time and charges have to be paid wherever applicable. The very first and the major step, a business entity needs to take is registration with the CPCB and the applicable fees for the registration is given below-

• The fee structure is different for the PIBO (producers, importers and brand owners) and PWP (plastic waste processors).
• PIBOs have to pay fees based on the yearly plastic waste generation which is measured in TPA. TPA stands for tonnes per annum. The prescribed fee is given below-

• PWPs have to pay fees based on their capacity in tonnes per annum (TPA). The prescribed fee is given below-

• Renewal fee is also the same as the first-time application fee. CPCB also charges an annual processing fee which is twenty-five per cent of the above-mentioned application fee.

Renewal under EPR Compliance for Plastic Waste

The registration shall be valid for one year from the date of registration which can further be renewed for three years if not cancelled, revoked or suspended. Every application for renewal shall be made at least one hundred and fifty days before the expiry of the validity of the certification. Apart from the registration, the responsible entities shall also complete the pending EPR targets of the previous year in the present year. For example, if they have a target of 50 per cent but could only produce the certificates of forty per cent then they need to complete the remaining ten per cent next year along with the fifty per cent target of next year.

Penalties under EPR Compliance for Plastic Waste

Environment Compensation is a kind of fine that is levied on the producers, importers and brand owners for the purpose of improving the quality of the environment and preventing environmental pollution. The following rules are prescribed for the environmental compensation under EPR Compliance for Plastic Waste-

• The guidelines for the collection of environmental compensation are released by CPCB.
• It is levied in case, the producers, importers and brand owners do not fulfil the obligations as set out in EPR Compliance for Plastic Waste.
• CPCB collects environmental compensation by the business established in multiple states, otherwise, the respective SPCB and PCC collect it within their jurisdiction.
• After collecting environmental compensation, the EPR obligation is carried forward for the next year for a period of 3 years. If the obligations are fulfilled within this time frame, the collected compensation is returned to the producers, importers and brand owners under the following scheme-

1. Seventy-five per cent, if the obligations are fulfilled in the first year
2. Sixty per cent, if the obligations are fulfilled in the second year
3. Forty per cent, if the obligations are fulfilled in the third year
4. No return shall be made if the obligations are not fulfilled after three years

• The funds collected in this manner are kept in a separate escrow account by the CPCB, SPCB and PCC. This is used for the collection, recycling and end-of-life disposal of uncollected plastic waste.

Apart from the penalties levied under environmental compensation, the stakeholders are also punished with the prohibition for some serious offences. If the waste processor is found to be false at any stage with respect to the data submitted on the online portal, SPCB can debar him from operating under the EPR framework for a period of one year. If the information furnished by the parties during registration is found to be false, the registration will be revoked for a period of one year. After completion of the revocation period, the entity may again apply for registration.

The registration shall be valid for one year from the date of registration which can further be renewed for three years if not cancelled, revoked or suspended. Every application for renewal shall be made at least one hundred and fifty days before the expiry of the validity of the certification. Apart from the registration, the responsible entities shall also complete the pending EPR targets of the previous year in the present year. For example, if they have a target of 50 per cent but could only produce the certificates of forty per cent then they need to complete the remaining ten per cent next year along with the fifty per cent target of next year.

Penalties under EPR Compliance for Plastic Waste

Environment Compensation is a kind of fine that is levied on the producers, importers and brand owners for the purpose of improving the quality of the environment and preventing environmental pollution. The following rules are prescribed for the environmental compensation under EPR Compliance for Plastic Waste-

• The guidelines for the collection of environmental compensation are released by CPCB.
• It is levied in case, the producers, importers and brand owners do not fulfil the obligations as set out in EPR Compliance for Plastic Waste.
• CPCB collects environmental compensation by the business established in multiple states, otherwise, the respective SPCB and PCC collect it within their jurisdiction.
• After collecting environmental compensation, the EPR obligation is carried forward for the next year for a period of 3 years. If the obligations are fulfilled within this time frame, the collected compensation is returned to the producers, importers and brand owners under the following scheme-

1. Seventy-five per cent, if the obligations are fulfilled in the first year
2. Sixty per cent, if the obligations are fulfilled in the second year
3. Forty per cent, if the obligations are fulfilled in the third year
4. No return shall be made if the obligations are not fulfilled after three years

• The funds collected in this manner are kept in a separate escrow account by the CPCB, SPCB and PCC. This is used for the collection, recycling and end-of-life disposal of uncollected plastic waste.

Apart from the penalties levied under environmental compensation, the stakeholders are also punished with the prohibition for some serious offences. If the waste processor is found to be false at any stage with respect to the data submitted on the online portal, SPCB can debar him from operating under the EPR framework for a period of one year. If the information furnished by the parties during registration is found to be false, the registration will be revoked for a period of one year. After completion of the revocation period, the entity may again apply for registration.

We, at Corpseed, have a team having extensive knowledge relating to various horizons of Environmental Laws and Regulations. We perform desk-based research, documentation, and coordination to help clients in establishing their businesses and fulfilling the compliances as prescribed by the applicable rules. We provide the following EPR-related services:-

• EPR Authorisation
• EPR Compliance
• PRO Authorisation
• CPCB NOC
• E-Waste Recycling Plant Set-up
• Plastic Waste Recycling Plant Set-up
• Solid Waste Management Recycling Plant
• Treatment Storage Disposal Facility
• EPR for E-Waste
• E-Waste Licence
• Refurbisher Authorisation
• EPR in Plastic Waste
• EPR for Waste Tyres