Central Pollution Control Board (“CPCB”) has issued directions to State Pollution Control Boards (“SPCBs”)/ Pollution Control Committee (“PCCs”) regarding implementation of ban on Single Use Plastic (“SUP”) and mandates for Centralized EPR Portal for Plastic Packaging.

The directions also focus on Extended Producer Responsibility (EPR) obligations of Producers (“P”), Importers (“I”), Brand Owners (“BO”) (together as “PIBOs”), Plastic Waste Processors (“PWPs”) and SPCB/PCCs.

The Existing Legal Framework

To understand these directions, it is pertinent to understand the present legal framework on SUP ban and EPR obligations that are as follows-

• • SUP Ban

Ministry of Environment, Forest & Climate Change (MoEFCC) banned identified SUP items (in 2021) and prescribed minimum thickness of carry bag (w.e.f 01.07.2022)

Plastic Waste Management Rules, 2016 (PWM Rules), as amended, prohibit the manufacture, import, stocking, distribution, sale and use of SUP, including polystyrene and expanded polystyrene, commodities. This SUP includes 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 packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron and stirrers.

The Rules also set the minimum threshold of thickness of carry bags made of virgin or recycled plastic to be 120 microns with effect from 31st December, 2022. Further, the Rules also mandate that plastic sheet or like, which is not an integral part of the multilayered packaging and cover made of plastic sheet used for packaging, wrapping the commodity should have minimum thickness of 50 microns except where the thickness of such plastic sheets impair the functionality of the product.

SPCBs or PCCs are the prescribed authorities for matters related to registration, manufacture of plastic products and multi-layered packaging, processing, and disposal of plastic waste. Secretary-in-charge of Urban Development of the State or a Union Territory is the authority responsible for enforcement of the provisions of PWM Rules relating to waste management by waste generator, use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and multi-layered packaging.

To eliminate SUP, CPCB has devised various frameworks and mechanisms. CPCB has prepared a Comprehensive Action Plan for implementation of SUP ban. It has also developed a SUP Compliance Monitoring Portal, SUP field inspection app and SUP Public Grievance App. It has also laid down Standard Operating Procedure (“SOP”) with the objective to break the supply chain of SUP items.

• • Extended Producer Responsibility

EPR was first time defined within the Solid Waste Management Rules, 2016, as responsibility of producer of packaging product till the end-of-life of such products.  EPR Guidelines for Plastic Packaging (“EPR Guidelines”) require PIBOs and PWPs engaged in recycling, waste to energy, waste to oil, and industrial composting to register on the CPCB’s centralized portal (Portal). All PWPs need to register with concerned SPCB or PCC. Registration of PWPs by SPCBs/PCCs is based on information provided online by PWPs on the EPR Portal which includes details of plant and machinery (processing capacity, production capacity, power rating, etc.), geotagged photograph of the plant & machinery, raw material, production and sales section of the Units, short video of the Unit etc.

SOP developed by CPCB mandates SPCBs/PCCs to physically verify PWPs within 30 days of grant of registration. Only after this verification, PWPs registered shall be able to issue certificates to PIBOs for plastic waste processing. These certificates will be considered for fulfilment of EPR obligations of PIBOs.

Furthermore, PIBOs are required to file annual returns on the plastic packaging waste collected and processed with the CPCB or concerned SPCB or PCC. PWPs are also required to submit annual returns after end of every financial year on the quantity of plastic waste processed category-wise as per prescribed pro forma on the portal.

Status of Compliance and CPCB’s intervention

• • SUP Ban implementation:

CPCB at various instances has issued notices to SPCBs/PCCs for implementation of SUP ban and to provide details of processing/disposal of SUP items seized during inspections and industries closed in their State/UTs. In furtherance, CPCB has analysed the status of compliance of these directions. This analysis includes details of SUP inspection, status of resolution of complaints received on SUP Public Grievance App, details of SUP manufacturing industries closed, details of industries manufacturing SUP alternatives and details regarding disposal of seized SUP items. CPCB observed that there is continual use and sale of SUP items in the informal sector including the local shops/street vendors.

In furtherance CPCB directed SPCB/PCCs to conduct ban enforcement drive until December 31, 2023 and file inspection report on SUP compliance monitoring portal. They are further directed to resolve complaints on SUP Public Grievance App. CPCB also sought details of processing/disposal of SUP alternatives producer’s/suppliers, closed SUP manufacturing units and seized SUP items.

• • EPR implementation:

CPCB has previously issued various directions to SPCBs/PCCs to complete physical verification of registered PWPs and to all registered PWPs to generate EPR Certificates for sales made on the EPR Portal. CPCB analysed state-wise implementation of EPR which compares the number of PIBOs and PWP applicants to a number of PIBOs and PWPs registered on the portal. It also analysed the number of PWPs that are registered and the number of PWPs that are physically verified. Further, out of registered PWPs how many of them have generated EPR Certificates and filed Annual Returns for the year 2022-23 that have been listed too. CPCB has recorded that EPR implementation in States/Union Territories was not satisfactory.

Therefore, CPCB directed that pending applications of PIBOs and PWPs should be immediately processed and physical verification of all PWPs to be completed. It has also directed SPCB/PCCs to follow up with physically verified PWPs for generation of EPR certificates for sales made in the year 2022-23 and with PIBOs to procure their EPR certificates for fulfilling their EPR Obligations.

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