Overview: Plastic Waste Management Draft Rules, 2022

In accordance with the powers conferred on the Central Government under the provisions of sections 6, 8, and 25 of the Environmental protection Act 1986, the Government has proposed amendments under the provisions of the Plastic Waste Management Act 2016 and the same have been provided under the Plastic Waste Management Draft Rules notified on 18.01.2022. The primary objectives of the amendment rules include widening the scope of the definitions, increasing the responsibility of plastic manufacturers and importers in India minimizing the use of plastic wastes, and recycling them.

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The Draft Amendment rules 2022, could be categorized in four categories as provided below

• Addition of new rules under PWM rules 2022
• Amendments/Changes in the older definition
• Omission of sub-rule (6) to Rule 9 of the Plastic Waste Management Rules 2016.
• Changes in Forms as provided under Schedule-I to the Rules 2016

Addition of New Rules under Plastic Waste Management Rules 2022.

Imposition of Environmental Compensation under Rule 18

Every person including the manufacturer, importer, or similar person shall be liable for the payment of environmental compensation for-

• The purpose of protection, improvement of the quality of the environment, and for non-adherence to the quality of the environment based on the principle of "Polluter Pays".
• The Central Pollution Control Board (CPCB) shall be responsible for laying guidelines regarding the imposition and collection of the environment compensation under the provisions as updated from time to time;

Applicability of Extended Producers Responsibility (under Rule 9)

The provisions related to Extended Producers Responsibility as provided under Rule 9 of the PWM Rules 2016, shall be extended to Importers and Brand Owners, shall fulfill Extended Producers Responsibility on plastic packaging waste as per regulations issued under these rules from time to time.

Extension of protocols for Compostable Plastic Materials

The protocols related to the compostable and biodegradable plastic materials as provided under Rule 10 of the PWM rules 2016 shall be determined as per the degree of degradability and disintegration of plastic material as per the applicable Indian Standards listed under the Rules 2016.

It must be ensured that such standard biodegradable plastic, other than compostable plastics, go through complete degradation through organic processes under ambient environment (terrestrial or in water) conditions, within indicated periods, devoid of any microplastics, or visible, distinguishable, or toxic residues which have any adverse environmental impact in accordance with Indian Standard: IS 17088:2008 titled as 'Specifications for Compostable Plastics' or as amended from time to time.

Amendments/Changes in the older definition.

Addition of Biodegradable Plastics in the Definition of 'Carry Bag'

Under 3(c) of the Rules 2016, Biodegradable plastics means that plastics, other than compostable plastics, which undergoes complete degradation by biological processes under ambient environment (terrestrial or in water) conditions, in specified periods, without leaving any micro-plastics, or visible, distinguishable or toxic residue, which has adverse environmental impacts, adhering to laid down standards of Bureau of Indian Standards and certified by Central Pollution Control Board. 

Addition in End of Life Disposal in the Definition of Disintegration Under Sub-rule 3(g)

End of Life Disposal means using plastic waste for the generation of energy which includes co-processing (e.g. in cement kilns) or wastes to oil or for road construction as per Indian Road Congress guidelines and other relevant guidelines. 

New Definition for Importer under 3(k)

Importer means a person who imports plastic packaging products or products with plastic packaging or carries - bags or multilayered packaging or plastic sheets or similar products in nature.

Addition of Plastic Packaging under the Definition of Plastic in 3(o)

Plastic Packaging means packaging material made by using plastics for protecting, preserving, storing and transporting of products in a variety of ways;'

Addition of Plastic Waste Processors in the definition of Plastic wastes under 3(q)

Means recyclers and entities engaged in using plastic for energy (waste to energy) including in co-processing or converting it to oil (waste to oil), industrial composting;'

Addition of "Recyclers" in the definition of producers under sub-rule 3(s)

Recyclers shall be the entities engaged in the process of recycling plastic wastes. 

The manufacturer shall be omitted by word "Producer" as provided earlier in 3(1)

The word "manufacturer", shall be substituted by the word producer or brand owner and shall be substituted with effect from 1st July 2022.

Substitution of words "plastic sheet or like used for packaging 'in place of Plastic Packaging rule 11(11)

As per the rules, the word Plastic packaging shall be substituted by the words "plastic sheet or like used for packaging" under sub-rule 11; 

Under rule 11(1), the words 'manufacture' used by the brand owner shall be omitted and words "Plastic sheet or like used for packaging' the following words shall be added with effect from 1st July 2022 and excluding plastic sheet or like used for packaging used for imported goods.

However, the rule shall not apply to plastic sheets or like used for packaging, where they have been exempted under Rule 26 of Legal Metrology Packaged Commodities Rules, 2011.

Changes in the prescribed authority-under rule 12(1)

Under sub-rule (1), before State Pollution Control Board the words, "Central Pollution Control Board" shall be substituted.

Substitution of the terms of registration under Rule 13(1)

As per the new rule, registration under Rule 13 (1) is compulsory to be obtained from-

No person shall be allowed to manufacture plastic related products such as carry bags, recycling of plastic or multi-layered packaging unless such person has obtained registration from,-

• Concerned State Pollution Control Board or Pollution Control Committee of the Union Territory, if operating in one or two states or Union territories; or
• Central Pollution Control Board, if operating in more than two States or Union Territories;

Addition of words in sub-rule (2) and (3) of Rule 9

• In sub-rule (2), the word producer shall be substituted by the word "importer" and after that as per the procedure prescribed under Regulation for Extended Producer Responsibility issued under Rule 9 (1) shall be added;
• In sub-rule (3), after the words ―in Form II, as per the procedure prescribed under Regulation for Extended Producer Responsibility issued under Rule 9 (1) shall be added.

Changes in the 'Terms of Registration" under sub-rule (7) of Rule 13

The following words shall be added after the words "terms of registration"-

"The registration shall be subject to every person recycling or processing plastic waste or proposing to recycle or process plastic waste, adhering to the Regulation for Extended Producer Responsibility issued under Rules 9 (1), as applicable." 

Omission of Sub-Rule (6) To Rule 9 of the Plastic Waste Management Rules 2016.

Rule 9(6) providing for the maintenance of records of the person engaged in the supply of plastic used as raw material to manufacture carry bags or plastic sheet or like or cover made of plastic sheet or multi-layered packaging shall be omitted.

Changes in Details to Be Provided Under Forms.

Form-I Application for Registration of Producers or Brand Owners

In pursuance of the new draft rules 2022, the following additional details shall be sought from each applicant-

• Action plan as per Regulation notified for Extended Producer Responsibility(Under part I of item 11)
• Action plan as per Regulation notified for Extended Producer Responsibility (under part II of item 9)

Form-IV- Format of Annual Report by Operator of plastic waste processing or recycling Facility to the Local Body, the following shall be provided.

Data to be provided as per Regulation on Extended Producer Responsibility issued under Rule 9 (1) by the 30th April of every year to the concerned State Pollution Control Board and Pollution Control Committee ‖

Form VI- State-Wise Status of Implementation of Plastic Waste Management Rules, 2016 For the Year (Annual Report Format) - the following information shall be provided.

Information as prescribed for Regulation under Extended Producer Responsibility issued under Rule 9 (1) to be provided by 30th April of every year in the prescribed pro forma to CPCB with respect to –

• Every Manufacturer of the carry bag, recycle plastic bag, multi-layered packaging, and similar items (who have obtained Registration under Rule 13 (1) (i))
• Every Producer/Importer/ Brand Owner (Registered under Rule 13 (2) (i))
• Every Recycler and plastic waste processor (Registered under Rule 13 (3) (i))

Amendment as Notified on 18.01.2022

Conclusion

Therefore, Plastic Waste (Draft )Amendment rules 2022 provide for the commitment of the Government of India towards minimization of plastic wastes, encouragement to biodegradable plastics, and making business entities using plastic packaging or similar products more accountable and responsible regarding its application and management, which will ensure a healthy and safe environment for the future generation in India.