Draft EPR (Extended Producer Responsibility) policy

EPR(Extended Producer Responsibility) means the responsibility of a producer for environmentally sound management of the product until the end of its life.

• In India, The Plastic Waste Management Rules, 2016-which is issued under Environment (Protection) Act, 1986- introduced the concept of EPR to manage plastics in India.

About the draft policy:

• MoEFCC has released a draft EPR policy for management of plastic waste in India.
• The draft specifies the quantity of waste that will have to be managed by producers, importers and brand owners(PIBO’s) who generate plastic packaging waste in India.

Various categories of plastics covered: These divide the guidelines into three categories.

• Rigid plastics: These are plastic products that do not give easily when squeezed. For example, many large and bulky items like lawn chairs, buckets, toddler toys etc.
• Flexible: It contains packaging of a single layer or multilayer, plastic sheets and covers made of plastic sheet, carry bags (including carry bags made of compostable plastics), plastic sachet or pouches.
• Multilayer: It consists of products that have at least one layer of plastic and at least one layer of material other than plastic.

Provisions under the new rules:
Mandatory collection: They mandate producers of plastic packaging material to collect all of their produce by 2024. It aims to ensure that a minimum percentage of it is recycled and used in subsequent supply.

EPR Certificates: It has also specified a system where makers and users of plastic packaging can collect Extended Producer Responsibility (EPR) certificates and trade in them.

Disposal: Only a fraction of plastic that cannot be recycled such as multi-layered multi-material plastics will be eligible to be sent for end-of-life disposal such as road construction, waste to energy, and waste to oil and cement kilns.

• Here too, only methods prescribed by the Central Pollution Control Board (CPCB) will be permitted for their disposal.

Centralized website: Producers of plastic will have to declare to the government how much plastic they produce annually, via a centralized website.

Targets for collection and recycling:

• Targets for Collection: Companies will have to collect at least 35% of the target in 2021-22, 70% by 2022-23 and 100% by 2024.
• Targets for recycling: In 2024, a minimum of 50% of their rigid plastic (category 1) will have to be recycled along with 30% of their category 2 and 3 plastic.
  • Each subsequent year will see progressively higher targets. After 2026-27, 80% of their category 1 and 60% of the other two categories will need to be recycled.

Provisions for non-fulfillment of targets:

• If entities cannot fulfill their obligations, then they will be permitted to buy certificates on a “case by case” basis. They can make up for their shortfall from organizations that have used recycled content in excess of their obligation.
  • The CPCB will develop a “mechanism” for such exchanges on a centralized online portal.
• Non-compliance would not invite a traditional fine. Instead, an “environmental compensation” would be levied.

The gaps and flaws in draft rules:

• Plastic waste reduction / minimisation is neglected in rules.
• Compostable or biodegradable plastic is not under the ambit of EPR.
• No standardised format of how an action plan is to be submitted by PIBOs. It is mandatory for PIBOs to submit an action plan, according to the draft EPR policy.
• The centralised portal developed by CPCB can only be accessed by the PIBO’s, recyclers, pollution control boards.
• The informal sector’s waste recycling operations are unlicensed and unregulated, though their waste management operations generate a net profit.