Environment Protection (EPR for Packaging) Rules, 2024

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The Ministry of Environment has unveiled a draft for the Environment Protection (Extended Producer Responsibility for Packaging) Rules, 2024, aiming to transform how packaging waste is managed. These new rules were introduced on December 6 and are set to come into force on April 1, 2026.

The draft rules focus on the principle of Extended Producer Responsibility (EPR), placing the onus on Producers, Importers, and Brand Owners (PIBOs) to manage the entire lifecycle of their packaging materials. This includes materials like paper, glass, metal, and sanitary products. PIBOs will be required to take responsibility for everything from production to proper recycling and disposal, ensuring sustainable practices are followed.

The regulations outline clear targets for waste collection and recycling, pushing stakeholders to be more accountable. By promoting the use of recycled materials and environmentally friendly packaging designs, the rules aim to reduce the impact on the environment and conserve valuable resources.

EPR in Plastic Packaging

Plastic Packaging EPR emphasizes the responsibility of brands, producers, and importers to manage the entire lifecycle of the plastic they introduce into the market, ensuring its sustainable disposal. If you want to know more about  EPR Registration for Plastic Waste visit our page.

Legal Basis and Scope of Application

The draft rules are rooted in the Environment Protection Act of 1986, specifically under Sections 3, 6, and 25. These sections authorize the government to frame rules for safeguarding the environment and managing waste effectively. Issued by the Ministry of Environment, Forest, and Climate Change, the draft is open for public feedback for 60 days, with the deadline for comments detailed in the official notification.

Set to come into effect on April 1, 2026, these rules apply to: 

-Producers (P): Companies involved in manufacturing packaging from specified materials.

-Importers (I): Businesses importing packaging or sanitary products for use in India.

-Brand Owners (BO): Companies using these materials for packaging their products.

-Waste Processors: Entities responsible for recycling or converting waste into reusable forms. 

Important Definitions and Coverage

To ensure clarity, the draft includes detailed definitions for all stakeholders: 

-Brand Owners: Businesses selling goods under a registered trademark.

-Waste Types: Clear separation between pre-consumer (industrial) and post-consumer (household) waste, emphasizing the need for lifecycle waste management.

-Recyclers: Organizations that convert waste into usable raw materials.

-Sanitary Products: Items like diapers and sanitary napkins, included to address hygiene waste management. 

The rules cover materials such as paper, glass, metal, and sanitary products. However, plastic packaging is not included, as it is governed by separate regulations.

Mandatory Registration

An important aspect of the framework is mandatory registration for all entities handling packaging materials. Key points include: 

-A centralized EPR portal managed by the Central Pollution Control Board (CPCB) for registration and compliance monitoring.

-Oversight roles divided between CPCB for multi-state entities and State Pollution Control Boards (SPCBs) for single-state entities.

-Annual compliance reports and reviews to ensure adherence to the rules. 

Targets and Responsibilities

1. EPR Targets: Producers, Importers, and Brand Owners (PIBOs) must adhere to strict targets:

-By 2026-27, at least 70% of the waste they generate must be recycled or reused. This target rises to 100% by 2028-29.

-A gradual increase in the use of recycled materials in packaging to support a circular economy.

2. Responsibilities of PIBOs

To achieve these targets, PIBOs are expected to:

-Set up waste collection systems in collaboration with urban authorities and recyclers.

-Obtain EPR certificates from authorized recyclers.

-Ensure that sanitary products are disposed of through environmentally responsible methods.

3. Incentives and Flexibility

Entities that exceed their EPR targets can generate surplus EPR certificates. These certificates can:

-Be carried forward to meet future obligations.

-Be traded on an electronic platform managed by CPCB, encouraging a market-based compliance system.

This approach not only rewards proactive waste management but also allows companies to collaborate and collectively work toward reducing environmental impact.

Key Regulations and Guidelines

The implementation of Extended Producer Responsibility (EPR) in India is governed by the Plastic Waste Management Rules, 2016. These rules assign the responsibility of plastic waste collection and recycling to producers, importers, and brand owners (PIBOs). The regulations include specific year-based targets for waste collection and recycling and mandate registration with the Pollution Control Board (PCB) and the centralized EPR portal. Furthermore, the latest amendments have introduced requirements for incorporating recycled content in plastic products and set targets for the reuse of product packaging.

Under the 2025 EPR Guidelines, companies must: 

-Establish systems for collecting plastic waste.

-Collaborate with recyclers to ensure proper collection and re-processing of waste.

-Design products that are more recycling-friendly, rethinking existing product designs to enhance sustainability. 

While these requirements present challenges, they encourage innovation in packaging and product design. This shift is expected to foster partnerships within the plastic waste management ecosystem. To meet their EPR obligations effectively, brand owners and manufacturers are increasingly collaborating with EPR-compliant recyclers.

Why is EPR Needed?

The global plastic pollution crisis is the driving force behind EPR. According to the OECD Global Plastics Outlook 2022, of the 460 million tonnes of plastic produced annually, only 9% is recycled, 19% is incinerated, 50% ends up in landfills, and 22% leaks into the environment. This leakage contributes to microplastic contamination, harming ecosystems, human health, and vital environmental functions like ocean carbon absorption.

EPR frameworks are designed to address these challenges by promoting: 

-Circular production systems.

-Sustainable product designs that prioritize reusability and reduce leakage.

-Incentives for establishing deposit return systems and take-back schemes. 

Characteristics of a Strong EPR Framework

A strong EPR framework incorporates: 

-Clearly defined, scalable targets for various plastic types.

-Mechanisms for strict enforcement and penalties for non-compliance.

-Allocation of penalty revenues toward improving waste management infrastructure.

-Integration with broader circular economy legislation, such as bans on single-use plastics. 

By aligning producer responsibilities with environmental goals, EPR frameworks foster innovative solutions and reduce the ecological impact of plastic products.

Implementation of Plastic Packaging EPR

The Plastic Waste Management Rules, 2016, introduced the concept of EPR for plastic packaging. Although the idea originated in 2016, a draft EPR policy was introduced in 2020, with further guidelines established in February 2022.

Registration Requirements on CPCB Portal

Entities required to register under EPR regulations include:

1. Producers (P): Manufacturers of plastic packaging materials.

2. Importers (I): Entities importing plastic packaging or products encased in plastic.

3. Brand Owners (BO): Companies selling products under a registered brand or trademark.

4. Plastic Waste Processors (PWP): Organizations involved in recycling, waste-to-energy conversion, or composting.

Categories of Plastic Packaging under EPR

1. Category I: Rigid plastic packaging.

2. Category II: Flexible plastic packaging, including single or multilayer sheets, covers, and carry bags.

3. Category III: Multi-layered packaging with both plastic and non-plastic components.

4. Category IV: Compostable plastic sheets and carry bags.

5. Category V: Biodegradable plastics, as introduced in the 2022 Plastic Waste Management Gazette Notification.

Types of Plastic Packaging Waste

1. Pre-Consumer Waste:

This refers to waste generated during the manufacturing or packaging process, such as rejects, scraps, or discards before reaching the end user.

2. Post-Consumer Waste:

Waste generated after the consumer has used the product, once the packaging no longer serves its purpose.

This systematic approach under EPR ensures a more sustainable and responsible framework for managing plastic waste.

Step-by-Step Guide to the EPR Process

1. Registration

-Where: Central Pollution Control Board (CPCB) Portal.

-How: Submit the necessary documentation to secure a registration certificate, which outlines the periodic Extended Producer Responsibility (EPR) targets.

2. Achieving EPR Targets

-Who: Producers, Importers, and Brand Owners (PIBOs) are responsible for meeting prescribed targets.

-How: Collaborate with CPCB-approved organizations, such as certified recyclers and co-processors, to ensure compliance.

3. Filing Annual Returns

-When: Complete this step within the specified timelines.

-How: Submit EPR annual returns via the CPCB portal, providing details of the plastic packaging waste collected and processed.

Key Responsibilities Under EPR

1. Registration: PIBOs must register on the CPCB portal before commencing operations and obtain their registration certificate.

2. EPR Action Plan: Prepare an action plan that specifies category-wise targets and includes details about the plastic packaging used or distributed.

3. Record Keeping: Maintain accurate records of all plastic packaging handled, including receipt and distribution.

4. Annual Reporting: File comprehensive annual reports outlining the volume of plastic waste collected, recycled, or processed.

5. Compliance: Ensure dealings are only with registered entities and avoid any misrepresentation. For non-compliance in a specific category, PIBOs are required to register separately for that category. 

Conclusion

The future of Extended Producer Responsibility (EPR) in India holds immense potential, driven by advancements such as the integration of blockchain and IoT technologies to enhance transparency in plastic waste tracking. The policy is expected to boost the market for recycled plastics across industries like textiles and automotive, fostering innovation and sustainability. While EPR implementation presents certain challenges, it represents a transformative shift in the plastic value chain. For the recycling industry, EPR not only offers significant environmental benefits but also unlocks substantial financial opportunities, paving the way for a more sustainable and economically viable approach to plastic waste management.

FAQs

1. What is Extended Producer Responsibility (EPR) for plastic waste, and how is it implemented in India?

Ans. Extended Producer Responsibility (EPR) is a policy approach that assigns producers the responsibility of managing the post-consumer stage of their products, ensuring proper collection, recycling, and disposal. In India, EPR for plastic waste mandates that producers and brands collect and recycle the plastic they introduce into the market, promoting environmental sustainability.

2. How does EPR for plastic waste affect plastic producers and brands in India?

Ans. EPR regulations significantly impact plastic producers and brands by holding them accountable for managing plastic waste. Companies must organize collection systems, collaborate with recyclers, and adopt recyclable-friendly packaging. This ensures the waste is appropriately processed and aligns with environmental goals.

3. Which regulations govern EPR for plastic waste management in India?

Ans. The Plastic Waste Management Rules, 2016, along with amendments in 2018 and 2021, regulate EPR in India. These rules set targets for waste collection and recycling, require registration with Pollution Control Boards (PCBs), and mandate the use of recycled materials in specific plastic products.

4. What challenges are faced during implementation of EPR for plastic waste in India?

Ans. Key challenges include inadequate data on plastic waste generation, insufficient infrastructure for waste segregation and recycling, and limited public awareness. Addressing these issues requires collaboration among government agencies, industry stakeholders, and civil society organizations.

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