Plastic Waste Management- EPR Registration

Introduction

Ministry of Environment, Forest and Climate Change has notified the Guidelines on Extended Producers Responsibility on plastic packaging under Plastic Waste Management Rules, 2016. The guidelines on extended producer responsibility coupled with prohibition of identified single use plastic items, which have low utility and high littering potential, with effect from 1st July 2022, are important steps for reducing pollution caused due to littered plastic waste in the country.
The Guidelines provide framework to strengthen circular economy of plastic packaging waste, promote development of new alternatives to plastics and provide further next steps for moving towards sustainable plastic packaging by businesses. Reuse of rigid plastic packaging material has been mandated in the guidelines to reduce the use of fresh plastic material for packaging. The enforceable prescription of minimum level of recycling of plastic packaging waste collected under EPR along with use of recycled plastic content will further reduce plastic consumption and support recycling of plastic packaging waste.
The EPR guidelines will give a boost for formalization and further development of plastic waste management sector. In a significant first, the guidelines allow for sale and purchase of surplus extended producer responsibility certificates, thus setting up a market mechanism for plastic waste management. The implementation of EPR will be done through a customized online platform which will act as digital backbone of the system. The online platform will allow tracking and monitoring of EPR obligation and will reduce the compliance burden for companies through online registration and filing of annual returns. In order to ensure monitoring on fulfilment of EPR obligations, the guidelines have prescribed a system of verification and audit of enterprises.
The Guidelines prescribe a framework for levy of environmental compensation based upon polluter pays principle, with respect to non-fulfilment of extended producer responsibility targets by producers, importers & brand owners, for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environment pollution. The funds collected shall be utilized for collection, recycling and end of life disposal of uncollected plastic waste in an environmentally sound manner. Under these producers, importers & brand owners, may operate schemes such as deposit refund system or buy back or any other model, in order to prevent mixing of plastic packaging waste with solid waste.

Guidelines on Extended Producer Responsibility (EPR) for Plastic Packaging

1. The Ministry of Environment, Forest and Climate Change (MoEFCC), (hereinafter referred to as ‗The Ministry ‘), notified the Plastic Waste Management Rules, 2016 on 18th March, 2016. The Ministry also notified the Solid Waste Management Rules, 2016 on 8th April, 2016. As plastic waste is part of solid waste, therefore, both the rules apply to managing plastic waste in the country.
2. 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 rules. The rules also mandate the responsibilities of local bodies, gram panchayats, waste generators, retailers and street vendors to manage plastic waste.
3. The Plastic Waste Management Rules, 2016 cast Extended Producer Responsibility on Producer, Importer, and Brand Owner. Extended Producer Responsibility shall be applicable to both pre-consumer and post-consumer plastic packaging waste.
4. These guidelines provides framework for implementation of Extended Producer Responsibility. The Guidelines provide the roles and responsibilities of Producers, Importers, Brand Owners, Central Pollution Control Board, State Pollution Control Board or Pollution Control Committees, recyclers and waste processors for effective implementation of Extended Producer Responsibility. The definitions given in Plastic Waste Management Rules, 2016, apply until, specifically mentioned in these guidelines.

Who Needs to get Plastic Waste -EPR Registration?

The following entities shall register on the centralized portal developed by CPCB:

(a) Recycling
(b) Waste to Energy,
(c) Waste to Oil, and
(d) Industrial Composting.

Plastic Waste Processing

“Plastic Waste Processors” means recyclers and entities engaged in using plastic waste for energy (waste to energy), and converting it to oil (waste to oil), industrial composting.

Which are the plastic packaging categories covered under EPR?

The following plastic packaging categories are 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

Responsibility of PIBOS

PIBO stands for producer, importer, and brand owners. If you identify as PIBO and have your operations in India that uses plastic packaging as part of your operation, irrespective of your turnover or scale of operations you fall under the obligation of EPR. Under the current framework of EPR, PIBO are responsible to

1. Register at EPR Portal
2. Submit their Action plan
3. Fulfil obligations for

Recycling
Use of Recycled content
Reuse
End of life disposal
Optional engagement in collection and recovery of the plastics
Submit annual returns
Provide proof of certificates (Plastic credits)
PIBOs can engage with PRO’s or other agencies separately to fulfill their targets but reporting and responsibility to fulfill the obligations is completely of PIBO

Pre-consumer plastic packaging waste

Pre-consumer plastic packaging waste” means plastic packaging waste generated in the form of reject or discard at the stage of manufacturing of plastic packaging and plastic packaging waste generated during the packaging of product including reject, discard, before the plastic packaging reaches the end-use consumer of the product.

Post-consumer plastic packaging waste

“Post-consumer plastic packaging waste” means plastic packaging waste generated by the end-use consumer after the intended use of packaging is completed and is no longer being used for

List of the documents required For Plastic Waste -EPR Registration

“Post-consumer plastic packaging waste” means plastic packaging waste generated by the end-use consumer after the intended use of packaging is completed and is no longer being used for

List of the documents required For Plastic Waste -EPR Registration

Legal Name (As per GST)
Trade Name (As per GST)
Type of Business (Private/Public/ Proprietorship/ Co-operative etc.)
Type of Company (Micro/ Small / Medium / large) and Supporting Document
Registered Address of the entity
Company PAN Card Number (validated on the Portal)
Company CIN Number (Mandatory for companies registered under the Company Act and validated on the Portal)

Name & Designation of Authorized Person
Mobile Number of Authorized Person
PAN Details of Authorized person

Document to be submitted during Sign up: Document supporting category of industry (Small/Micro/Medium/Large)
Brand-owners in Micro & Small Category exempted from EPR Registration

How much application fees / annual processing/ renewal fees to be paid for Registration of PIBOs/ PWP?

The details of fees to be paid by PIBO/ PWP is as given below:

a) Application fees for Registration of PIBOs

b) Application fees for Registration of PWP

Note:

Renewal fees: Same as Registration fees
Annual Processing Fees: 25% of Application fees (for PIBOs as well as PWP)
Validity of Plastic waste Management -EPR Registration Certificate
Fresh Registration shall be valid for a period of one year; and the renewed Registration shall be valid for a period of three years.