Plastic Waste Management(Amendment) Rules, 2022

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 & hand over segregated waste in accordance with rules.

The rule mandates the responsibilities of: The rules mandate the responsibilities of local bodies, gram panchayats, waste generators, retailers and street vendors to manage plastic waste. The PWM Rules, 2016 cast Extended Producer Responsibility (EPR) on Producer, Importer, and Brand Owner and EPR shall be applicable to both preconsumer and post-consumer plastic packaging waste.

Salient Features of the Rule (1 of 2) • Carry bag made of virgin or recycled plastic, shall not be less than 75 microns in thickness till 31st December 2022 and after that 120 micron • Carry bags or plastic packaging made of recycled plastics may be used for Packaging food stuff as per the FSSAI Standard and Guideline • Sachets using plastic material shall not be used for storing, packing or selling guthka, tobacco, pan masala. • Plastic sheet or like, which is not an integral part of multilayered packaging and cover made of plastic sheet used for packaging, wrapping the commodity shall not be less than fifty microns in thickness except where the thickness of such plastic sheets impair the functionality of the product • Producer, Brand Owner and Importers need to work out collection back mechanism for the equivalent quantity of plastic waste introduced by them in Indian market to meet their EPR obligation. • Producer, brand owners, importer and PWPs need to get registered with State Pollution Control Board/committee or Central Pollution Control Board through CPCB's online portal (if operating in more than 2 states) unless, their consent to operate will not get renew.

Single use plastic (plastic sticks of ice cream, balloon, flags, ear buds, decorative items, spoon, forks, cup, glass, cutlery) will be phased out by July 2022. • Any plastic packaging which can not be recycled or used as alternate source of energy will be phased out. • Multi-layered plastic packaging can be co-processed and used as alternate source of energy in waste to energy, cement kiln, road construction, pyrolysis, and gasification • Manufacturers of plastic shall not sell or provide raw materials to any unregistered producer/processor - rule 4 (e) • Recycling of Plastic Waste shall be only as per the IS14534:1998 - rule 5 (b) • Local Body would be responsible for establishing the infrastructure.

Obligated Entities to EPR • 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, Government of India • Plastic Waste Processors (PWPs) except cement kilns & road construction

Plastic packaging categories covered under EPR Category I Rigid plastic packaging Category II Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches; Category III Multi-layered 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

The EPR Guidelines covers the following wrt to plastic packaging

• Reuse • Recycling • Use of recycled plastic content • End of life disposal

Role of Producer, Importer & Brand Owners • The PIBOs shall have to register through the online centralized portal developed by Central Pollution Control Board. The certificate of registration shall be issued using the portal. • PIBOs shall provide Action Plan containing information on the EPR Target, category-wise, where applicable, through the online centralized portal developed by CPCB, along with application for registration or renewal of registration under PWM Rules, 2016. • Brand Owner shall provide details of plastic packaging purchased from Producers and/or Importers separately. The quantities attributed to each Producer and Importer covered obligated upon Brand Owner shall be deducted from the obligation of Producers and Importers. • The Producers and Importers will maintain the record of the quantity of plastic packaging material made available to Brand. • The Producers, Importers & Brand-Owners shall file annual returns on the plastic packaging waste collected and processed towards fulfilling obligations under Extended Producer Responsibility with the Central Pollution Control Board or concerned State Pollution Control Board or Pollution Control Committee as per pro forma prescribed by Central Pollution Control Board by the 30th June of the next financial year.

Compliance related Rules (2 of 3) 2. Each plastic packaging and multi-layered packaging shall have the following information printed in English namely- • Name, registration number of the manufacturer, Producer or Brand Owner and thickness in case of carry bag and plastic packaging used by the brand owner; • Name and registration number of the manufacturer in case of multi-layered packaging, excluding MLP packaging used for imported goods; and • Name and certificate number of producer [Rule 4(h)] in case of carry bags made from compostable plastic

Compliance related Rules (3 of 3) 3. In order to stop littering due to light weight plastic carry bags, with effect from 30th September, 2021, the thickness of plastic carry bags has been increased from fifty microns to seventy-five microns and to one hundred and twenty microns with effect from the 31st December, 2022. This will also allow reuse of plastic carry due to increase in thickness.

Ban on Single Use Plastic items The Plastic Waste Management Rules 2016, 2018 and the amendment in 2021 focus on single-use plastics. It prohibits identified single use plastic items which have low utility and high littering potential by 2022. It notifies that the manufacture, import, stocking, distribution, sale and use of following single-use plastic, including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from the 1st July, 2022 • Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration • Plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packaging films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers.

Penalty on use (and littering) of banned SUP items

• Spot fine on waste generators Rs.500/- • Spot fine on institutional waste generators Rs.5000/-

Who impose the Fine?

1) The State Pollution Control Board and Pollution Control Committee impose fine on defaulter producer of Single Use Plastic.

2) Local Bodies imposes fine on Retailer, Seller & User of Single Use Plastic.

3) Fines imposed in accordance with Guidelines for EC assessment prepared by CPCB.

Read more in detail :

pwm_epr_1.pdf

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