Current Scenario of EPR Compliance in Plastic Packaging

As global awareness of environmental sustainability grows, governments and organizations are increasingly recognizing the importance of responsible waste management. In India, the Ministry of Environment, Forests & Climate Change (MoEFCC) has introduced the Extended Producer Responsibility (EPR) framework, a pioneering environmental policy that holds producers accountable for the entire lifecycle of their products, extending their responsibility to the post-consumer stage.

EPR Framework

Extended Producer Responsibility (EPR) is more than just a policy; it’s a fundamental shift in how we approach waste management. By assigning responsibility to Producers, Importers, and Brand Owners (PIBOs), EPR ensures that those who produce and profit from plastic products are also responsible for managing the waste generated from their use. This approach not only encourages higher environmental standards in product design but also drives the development of sustainable waste management practices.

Plastic Waste Management Under EPR

In the context of plastic waste management, the EPR regime mandates that PIBOs must ensure the effective processing of their plastic packaging waste. This can be achieved through various methods such as recycling, re-use, or end-of-life disposal. The MoEFCC’s proposed rules for managing plastic waste leverage EPR as a critical policy mechanism to ensure that plastic waste is managed responsibly.

Key Stakeholders in EPR Plastic

• Producers: These are individuals or industries involved in the manufacture or import of plastic products, including carry bags, multi-layered packaging, or plastic sheets. They are also responsible for plastic materials used for packaging or wrapping commodities.
• Importers: Importers are those who bring plastic packaging products or products with plastic packaging into the country. This includes carry bags, multi-layered packaging, or plastic sheets.
• Brand Owners: Brand Owners are companies or individuals who sell commodities under a registered brand label or trademark. They are responsible for ensuring that the packaging used for their products is managed responsibly post-consumption.

EPR Categories and Disposal Methods

Under the EPR framework, plastic waste disposal is categorized into several methods to ensure that waste is managed sustainably:

1. Reuse: Encouraging the re-use of plastic products to extend their lifecycle and reduce waste.
2. Recycling: Transforming waste plastic into new materials, contributing to the circular economy.
3. Use of Recycled Plastic Content: Integrating recycled plastic into the production of new products to reduce the demand for virgin materials.
4. End-of-Life Disposal: For non-recyclable plastics, end-of-life disposal methods include:

• Road Construction: Utilizing plastic waste in road construction projects.

• Waste to Energy: Converting plastic waste into energy.Waste to Oil: Processing plastic waste into oil.

• Cement Kilns (Co-Processing): Using plastic waste as an alternative fuel in cement kilns.

The EPR Process: A Step-by-Step Guide

Registration

• Where: Central Pollution Control Board (CPCB) Portal.
• How: Submit the required documents to obtain a registration certificate, which includes periodic EPR targets.

Fulfilment of Targets

• Who: PIBOs must meet the set targets with due diligence.
• How: Ensure compliance through CPCB-approved entities like recyclers and co-processors.

Filing Annual Returns

• When: Within mandated timelines.
• How: File EPR annual returns through the CPCB portal, documenting the plastic packaging waste collected and processed.

EPR Targets & Responsibilities

• Registration: PIBOs must register on the CPCB portal and start operations only after receiving their registration certificate.
• EPR Action Plan: Include category-wise targets and details on plastic packaging in the EPR Action Plan submitted with your application.
• Record Keeping: Maintain records of plastic packaging received and distributed.
• Annual Returns: File annual returns detailing the quantity of plastic packaging collected and processed.
• Compliance: Avoid dealing with unregistered entities and ensure no misreporting. If non-compliant in any subcategory, PIBOs must register separately for each category.

Draft Guidelines for Minimum Pricing-

Under the Plastic Waste Management (Amendment) Rules 2024, CPCB will set prices for Extended Producer Responsibility certificates. These will range between 100% and 30% of the environmental compensation for non-fulfillment of EPR obligations.

Consequences of Non-Compliance

• Legal Consequences: Financial penalties determined by regulatory authorities.
• Market Reputation: Non-compliance can damage a brand's reputation and lead to a loss of consumer trust.
• Market Access Restrictions: Non-compliant PIBOs may face market access restrictions in certain jurisdictions.
• Environmental Compensation: Various fines are applicable for violations like the use of non-compliant plastic products, shortfalls in EPR targets, misreporting, or failure to file annual returns.

Show Cause Notice for Non-Compliance:

On August 19, 2024, CPCB issued a Show Cause Notice to 3,590 PIBOs for non-compliance with Plastic Waste Management Rules. These PIBOs were warned of a 25% increase in EPR targets if they failed to comply by September 1, 2024.

Recykal: Your Partner for EPR in India

Recykal’s award-winning sustainable solutions provide businesses with an end-to-end ecosystem for EPR compliance. Partner with us to streamline your EPR process, from registration to the fulfillment of targets.

• Comprehensive EPR Process Implementation
• Digital EPR Loop for Operational Simplification
• Digital Traceability in the Supply Chain
• End-to-End Compliance Support

Categories We Cover-

• Plastics: Rigid, flexible, compostable, MLP
• Tyres: Crumb rubber, pyrolysis
• Batteries: Portable, industrial, EV
• E-Waste: ITEW, CEEW, EETW, LSEEW, TSLEW, LIW, MDW

Mitigate EPR Compliance Risks with Recykal

We ensure transparency through tech-led traceability, periodic site visits, and rigorous audits. Our comprehensive EPR fulfillment process includes everything from tare weight to final invoicing, ensuring that all compliance requirements are met.

Digitalizing EPR Compliance with EPR Loop

EPR Loop by Recykal offers a complete ecosystem for tracking and tracing the fulfillment of EPR targets. The platform enables easy access to documents, audit trails, and state-wise ULB associations, making compliance a hassle-free experience.