Latest regulation on plastic waste management

Latest regulation on plastic waste management

Subject: Environment

Section: Pollution

Context: Recently Ministry of Environment, Forest, and Climate Change announced the Plastic Waste Management (Amendment) Rules, 2022, which notified the instructions on Extended Producer Responsibility (EPR) for plastic packaging.

New Plastic Waste Management Rules:

• Classification of Plastics:

The new rules classify plastics into four categories:

• Category One will include rigid plastic packaging;
• Category Two will include flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets, carry bags, plastic sachet or pouches;
• Category Three will include Multi-layered plastic packaging(at least one layer of plastic and at least one layer of material other than plastic);
• Category Four will include plastic sheets used for packaging as well as carry bags made of compostable plastics.

• Extended Producer Responsibility (EPR) :Extended Producer Responsibility (EPR) is a policy approach under which producers are given a significant responsibility – financial and/or physical – for the treatment or disposal of post-consumer products
  • It covers reuse, recycling, use of recycled plastic content and end of life disposal by producers, importers and brand-owners.
• Extended Producer Responsibility Certificates: The guidelines allow for sale and purchase of surplus extended producer responsibility certificates.
• ‘Minimum recycled content’: which means producers of plastic will have to add a minimum quantity of recycled material in their product, increasing the recycled content over the years.
• Centralized Online Portal: It calls for creating a centralized online portal by the Central Pollution Control Board (CPCB). It will be used for the registration as well as filing of annual returns by producers, importers and brand-owners.
• Environmental compensation: It shall be levied based upon polluter pays principle, with respect to non-fulfilment of EPR targets by producers, importers and brand owners. However payment of compensation will not absolve the liability and unfulfilled EPR obligations for a particular year will be carried forward to the next year for a period of three years.
• Committee to Recommend Measures:
  • A committee constituted by the CPCB under the chairmanship of CPCB chairman will recommend measures to the environment ministry for effective implementation of EPR, including amendments to Extended Producer Responsibility (EPR) guidelines.

Rules on Plastic Waste Management so far:

• Plastic-waste management rules, 1999: Its aim was to restrict the use of plastic carry bags (thickness 20 µm or less) and prevent food from being packaged in recycled plastic.
• Plastic Waste Management (Amendment) Rules, 2003: It diluted the restriction on carry bags but mandated registration of manufacturing units with regional pollution control authorities.
• Plastic Waste Management (Amendment) Rules, 2011: For the first time, there was a national law proposing a ban on the use of plastic materials in sachets to store, pack or sell gutkha, tobacco, and pan masala.
• Plastic Waste Management (PWM) Rules, 2016: It included many progressive propositions, like ‘polluter pays’ and ‘extended producer responsibility’.
• Plastic Waste Management (Amendment) Rules, 2021: The rules aim to prohibit the use of specific single-use plastic items, which have “low utility and high littering potential” by 2022.

What is ‘polluter pays’ principle?

• The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. (it essentially holds the polluter liable for the pollution caused to the environment.)
  • For instance, a factory that produces a potentially poisonous substance as a by-product of its activities is usually held responsible for its safe disposal.
• The ‘polluter pay’ principle was first introduced by the Organisation of Economic Cooperation and Development(OECD) in 1972
• The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide. The ‘polluter pay’ principle forms a part of the environmental law of India.