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EPR for Plastic Waste

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WASTE MANAGEMENT/POLLUTION - EPR For Plastic Waste

Empowering Environmental Responsibility

In India, the daily generation of plastic waste is a significant concern, impacting both the environment and human health. To address this issue, Government introduced Extended Producer Responsibility (EPR) in 2016 under the Plastic Waste Management Rules.

Extended Producer Responsibility (EPR) is based on the principle of “Polluter Pays”.

EPR is a concept to promote environmental sustainability and ensure the responsible management of waste generated by products throughout their lifecycle. In India, EPR is primarily governed by the E-Waste (Management) Rules, 2022, the Plastic Waste Management Rules, 2016, the Battery Waste Management Rules, 2022, Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022. These rules are implemented by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and regulated by the Central Pollution Control Board (CPCB) at the national level. State Pollution Control Board (SPCB) is the State-level body to implement EPR and monitor activities related to that.

Overview

Ministry of Environment, Forest and Climate Change (MoEF&CC), notified the Plastic Waste Management Rules, 2016 and Solid Waste Management Rules, 2016. As plastic waste is a part of solid waste, therefore, both the Rules apply to managing plastic waste in India.

The Plastic Waste Management Rules, 2016, mandate the generators of plastic waste to take steps to minimize generation of plastic waste, not to litter the plastic waste, ensure segregated storage of waste at source and hand over segregated waste in accordance with the Rules. These Rules cast Extended Producer Responsibility (EPR) on “Producer, Importer, Brand Owner (PIBO) and Plastic Waste Processors (PWP)”. Export oriented units are exempted from fulfilling EPR obligations. EPRshall be applicable to both pre-consumer and post-consumer plastic packaging waste.

How
Mind Sync
Can Help?

Our dedicated team is here to assist you in navigating the complexities of waste management compliance for your business. With our expertise, we ensure a smooth and efficient process, from comprehending regulatory requirements to managing documentation and submissions. Our aim is to simplify the registration process, ultimately saving you valuable time and effort while ensuring compliance.

Producer, Importer, Brand Owner (PIBO)

Responsibilities of PIBOs

If an entity is identified as a PIBO having their operations in India and uses plastic packaging as part of their operation, irrespective of turnover or scale of operations, then such an entity falls under the obligation of EPR.

Targets for PIBOs

Every producer, importer and brand owner have to comply with the following targets:
  • EPR Target
  • Minimum Level for Recycling
  • End of life disposal
  • Obligation for Use of Recycled Content
In addition to that, brand owners must adhere to: Minimum Level for Reuse.

QUICK ANSWERS

The following entities shall be covered under the EPR obligations and provisions of these guidelines namely:
  • Producer (P) of plastic packaging
  • Importer (I) of all imported plastic packaging and / or plastic packaging of imported products
  • Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises (MSME)
  • Plastic Waste Processors (PWP) engaged in (a) recycling, (b) waste to energy, (c) waste to oil, and (d) industrial composting.
  • Category I: Rigid package plastic.
  • Category II: Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic).
  • Category III: Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic).
  • Category IV: Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.
PIBOs which are operational in one or two states/UTs are required to register with the concerned with SPCB/PCC.
PIBOs which are operational in more than two states/UTs are required to register with CPCB. Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises.
Producers: Eligible Quantity in MT (Q 1) = Average weight of plastic packaging material (category wise) sold in the last 2 FY (A) + Average quantity of pre-consumer plastic packaging waste in the last 2 FY (B) – Annual quantity (C) supplied to Brand Owners in the previous financial year.

Importers: Eligible Quantity in MT (Q 2) = Average weight of all plastic packaging material and / or plastic packaging of imported products (category-wise) imported and sold in the last 2 FY (A) + Average quantity of pre-consumer plastic packaging in the last 2 FY (B) waste – Annual quantity (C) supplied to Brand Owners in the previous financial years.

Brand Owners: Eligible Quantity in MT (Q 3) = Average weight of virgin plastic packaging material (category- wise) purchased and introduced in market in the last 2 FY (A) + Average quantity of (B) of pre-consumer plastic packaging in the last 2 FY – Quantity of Reuse (Only for Cat I).

1. PIBOs operating in 1 or 2 States/UTs shall obtain EPR registration from concerned State Pollution
Control Board (SPCB) or Pollution Control Committee (PCC) and PIBOs operating in more than 2
States shall obtain EPR registration from CPCB;

2. Filling of application:

  • General Information
  • Details of effluent / waste generation
  • Waste Generation Details
  • Action plan for EPR implementation in twelve sections;

3. Documents submission;

4. Reviewing of documents by the department;

5. If queries raised, providing requisite information;

6. Grant of EPR Authorization;

7. Fulfilling EPR Compliances.

Central Pollution Control Board (CPCB) State Pollution Control
Board (SPCB)/Pollution Control Committee (PCC)

Do you have any queries?

This information is in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Mind Sync does not accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any information provided herein. On any specific matter, reference should be made to the appropriate advisor.

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