EPR Compliance for Plastic Waste Management

EPR Compliance for Plastic Waste 

Extended Producer Responsibility (EPR) compliance for Plastic packaging  Waste involves handling plastic waste from the collection, and segregation to recycling. Plastic packaging is categorized into four distinct types

• Rigid plastic packaging,
• flexible plastic packaging of single-layer or multilayer, plastic sachet, carry bags,
• multilayered plastic packaging, 
• compostable plastic packaging. 

This approach involves meticulous handling of both pre-consumer and post-consumer plastic packaging waste. 

The Central Pollution Control Board has established guidelines for EPR compliance for plastic packaging, which promote sustainable practices. These guidelines include

• designing packages that promote reuse,
• designing packages that can be easily recycled, 
• using recycled plastic in plastic packaging materials.

Stakeholders who need to fulfill  compliance –

• producers, 
• importers, 
• brand owners
• Recycler 
• Plastic packaging Waste processors

Responsibility of stakeholder’s plastic waste EPR Compliance

Responsibility of producer

Producer means a person engaged in 

• The manufacturer of plastic packaging 
• Multilayered packaging or
• plastic sheets include industries or individuals using plastic sheets 
• Covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity. 

The term ‘producer’ refers to any person or stakeholder that engages in the manufacture of plastic packaging, multilayered packaging, or plastic sheets. This also includes industries or individuals that use plastic sheets or multilayered packaging to wrap or package commodities.

As part of the action plan addressed by the Central Pollution Control Board, the producer is encouraged to provide extended producer responsibility target category-wise on the centralized portal. This enables the producer to take responsibility for the recycling of plastic packaging waste, collected under the extended producer responsibility target.

To achieve this, the producer is expected to ensure a minimum level of recycling of plastic packaging waste.

It is important to note that only plastics that cannot be recycled should be sent for end-of-life disposal, such as road construction, waste to energy, waste to oil, or cement kilns.

The producer is also expected to ensure end-of-life disposal of the plastic packaging waste through the rules specified under Plastic Waste Management Rule 2016. Additionally, the producer is encouraged to ensure the mandatory use of recycled plastic in plastic packaging. Finally, the production and use of multilayered plastic, which is non-recyclable, non-energy recoverable, or has no alternate use of plastic, should be phased out within two years.

Responsibility of Importer 

Importer means a person who imports 

• Product with plastic packaging 
• Carry bags 
• Multilayered packaging 
• Plastic sheets 

are required to provide data on the average weight of all plastic packaging material in the last two financial years. This information is necessary for the extended producer responsibility target

Imports must adhere to specific criteria for extended producer responsibility targets based on the average weight of all plastic packaging materials or plastic packaging, as well as the average quantity of pre-consumer plastic packaging imported and sold over the last two financial years. This information must be provided by importers as part of their action plan on the centralized portal developed by the Central Pollution Control Board. 

Responsibility of brand owner 

Brand owner means a person or company who sells any commodity under a registered 

• Brand Label 
• Trade mark 

Brand owners who have fulfilled their extended producer responsibility targets may allocate the surplus to 

• offset the previous year’s shortfall,
• carry it forward for the succeeding year, or 
• sell it to other producers, importers, and brand owners.

 In cases where a brand owner is also a producer or importer of plastic packaging material, they must submit a separate application for determining their extended producer responsibility targets. The brand owner must provide detailed information on plastic packaging purchased from the producer or importer, including the quantities attributed to each producer and importer. The obligation of the brand owner will be deducted from the obligation of the producer and importer, and the record of such purchases, including category-wise quantity purchased, must be maintained separately. The quantity of rigid packaging reused by brand owners will be calculated by reducing the quantity of plastic packaging 

• Manufactured,
• imported, 
• purchased 

in that year from the sales of the brand owner. The brand owner must provide this information on the centralized portal developed by the Central Pollution Control Board. Furthermore, it is important to note that the reuse of category 1 rigid plastic packaging in food contact applications is subject to the regulation of the Food Safety and Standards Authority of India.

Registration and compliance process for PWM 

PIBOs have to register through the online centralised portal developed by cpcb.

• Registration of Stakeholders:
  • The portal facilitates the seamless registration of stakeholders involved in the life cycle of plastic packaging management. This includes producers, importer brand owners,  recyclers, and plastic waste processor
• Generation of EPR Certificates:
  • Stakeholders, particularly recyclers and retreaders, can utilize the portal to generate EPR certificates, providing a transparent record of their plastic packaging recycling and retreading activities.
• Trading/Issuance of Certificates:
  • The portal serves as a marketplace for the trading and issuance of EPR certificates, enabling producers to fulfill their obligations by acquiring certificates from registered recyclers.
• Filing of EPR Obligations:
  • Stakeholders can use the portal to file their EPR obligations, creating a streamlined and accountable process for regulatory compliance.

This regulatory framework, augmented by the EPR mechanism and the CPCB’s centralized portal, aims to fortify the responsible management of plastic packaging while ensuring compliance.

EPR compliance for plastic waste Annual return submission for PIBO 

The producer, importer and brand owner shall fulfill extended producer responsibility for plastic packaging as per guidelines specified in Schedule 2.

• Producers, importers, and brand owners must provide recycling certificate details from registered recyclers and end-of-life disposal quantity details by 30th June while filing the annual return on the CPCB portal. 
• CPCB shall establish an online system for the registration as well as for filing of annual returns by producers, importers & brand owners, and plastic waste processors of plastic packaging waste by 31 March, temporarily, 30 November [ only till 2025 ]
• CPCB shall publish the list of producers, importers, and brand owners who have failed to meet extended producer responsibility targets and obligations in the previous financial year, on an annual basis by 30 September of the next financial year.
• The online system developed by CPCB for the registration as well as for filing of returns by the producer, importer & brand owner shall reflect the plastic packaging material introduced in the market producer, importer & brand owner in a financial year. It shall also reflect the details regarding the audit of the PIBO as well as recyclers or other waste processors of plastic waste. 

Responsibility of recycler

Recyclers are the stakeholders who are actively involved in the process of recycling plastic packaging waste. The residual waste generated during the recycling or processing of plastic waste must be disposed of following the guidelines for solid waste management. 

Additionally, the state pollution control board or pollution control committee is required to submit an annual report on the extended producer responsibility portal detailing the fulfillment of extended responsibility by producers, importers, brand owners, and plastic waste processors in the respective state/union territory to the central pollution control board.

Furthermore, the state pollution control board or committee must submit an annual report on the recycler or end-of-life disposal in the state or union territory to the central pollution board by 31st July of the following year. These reports are essential for ensuring compliance with applicable regulations.

Responsibility of plastic waste processor 

Plastic waste processors must register with their respective state pollution control boards or pollution control committees, following the Plastic Waste Management Rules. The registration process is facilitated through the centralized portal developed by the Central Pollution Control Board.

Following the completion of each financial year, plastic waste processors must submit an annual return by the 30th of April on the quantity of plastic waste processed, categorized as per the prescribed pro forma on the online portal.

The total quantity of plastic packaging waste processed by plastic packaging waste processors, attributed to producers, importers, and brand owners annually, will be made available on the centralized online portal.

Plastic waste processors, who are registered under the Plastic Waste Management Rules of 2016, are required to provide certificates for plastic waste processing. These certificates will be considered for the fulfillment of extended producer responsibility obligations by the producer, importer, and brand owner. 

Registered plastic waste processors must provide certificates for plastic packaging waste, which will be addressed by registered producers, importers, brand owners, or local authorities.

For those plastic waste processors who undertake end-of-life disposal of plastic packaging waste and transform it into

• waste to energy, 
• waste to oil, or
• cement kiln (co-processing),

 it is mandatory to provide information on an annual basis on the centralized online portal.

Epr credit for compliance of plastic waste 

The recommendation addressed by the Central Pollution Control Board for EPR compliance for plastic waste management is designed to promote sustainable practices that involve meticulous handling of both pre-consumer and post-consumer plastic packaging waste. The responsibility of stakeholders, including producers, importers, brand owners, recyclers, and plastic packaging waste processors, is critical to achieving this objective.

Producers, importers, and brand owners must meet their extended producer responsibility targets by providing category-wise information on the centralized portal developed by the Central Pollution Control Board. They are also encouraged to design packaging that promotes reuse, is easily recyclable, and uses recycled plastic content. In cases where it is impossible to meet the obligation of using recycled plastic content due to statutory requirements, the producers, importers, and brand owners may seek exemption from the CPCB on a case-by-case basis. However, they must fulfill their obligation by purchasing a certificate of equivalent quantity from producers, importers, and brand owners who have used recycled content over their obligation.

Producers, importers, and brand owners can also meet their extended producer responsibility obligation by purchasing a surplus EPR certificate from other stakeholders of the same category. Such transactions must be recorded and submitted on the online portal while filing the annual return under the extended producer responsibility framework. The CPCB will develop a mechanism for such exchanges on the centralized portal.

Producers and importers must maintain a record of the quantity of plastic packaging material sold to a brand owner. In the absence of such records, they will have to fulfill the complete extended producer obligation. The online platform will cross-check the declaration of transactions among producers, importers, and brand owners.

EPR Compliance for plastic waste Annual return submission for PWP

• Stakeholders involved in Recycling and processing personnel submit an annual report in form 4 to local bodies and the respective state pollution control board/committee by 30th April.
•  Local bodies submit an annual report in form 5 to the concerned secretary in charge of the urban development department by 30th June.
•  Every state pollution control board/ pollution control committee shall submit an annual report concerning recyclers or end-of-life disposal in the state or union territory in form 6 to the CPCB by 31st July.
•  The CPCB prepares a consolidated annual return report with its recommendations to the central government by 31st August.

Conclusion of EPR Compliance for Plastic Waste 

The stakeholder that assumes the roles of producer, importer, and brand owner must comply with the guidelines set forth herein. If the extended producer responsibility obligation is not fulfilled within a particular year, it may be carried over for three years. If the deficiency in the extended producer responsibility obligation is resolved within the aforementioned period, the environmental compensation imposed will be returned to the producer, importer, and brand owner as follows –

• Within one year of levying EC 75% return
• Within 2year a 60% return 
• Within 3 years 40% return 

After 3 years, environmental compensation is forfeited. Central Pollution Control Board verifies compliance with inspections and audits. They also review plastic packaging and waste management technologies. Producers, importers, and brand owners may develop plastic packaging waste infrastructure based on plastic type while fulfilling their extended producer responsibility

• Establish waste plastic collection points 
• Material recovery facilities (MRF)

Producers, importers, and brand owners should consider 

• population size,
• the volume of plastic packaging waste, 
• accessibility, and 
• vicinity to end-users while establishing a network of collection points.
• Profitability should not be the only factor in limiting collection to certain areas.

Waste collected should be handed over for treatment, recycling, or identified uses.