Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-09122024-259256
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 4887] NEW DELHI, FRIDAY, DECEMBER 6, 2024/AGRAHAYANA 15, 1946
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 6th December, 2024
S.O. 5282 (E). — The following draft rules, which the Central Government proposes to issue in exercise of the powers conferred by sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986)
Whereas the Government proposes to introduce following draft rules in order to introduce extended producer responsibility for ensuring environmentally sound management of post-consumer paper including paper board, glass, metal (excluding non-ferrous metal based ) packaging and sanitary products and to promote circular economy through reuse, recovery and recycling thereby creating new opportunities for economic activities, green jobs and innovations;
Whereas the EPR on packaging and sanitary products will promote generation of wealth from waste resource conservation through reducing extraction of virgin resources, optimum use of materials as well as improve the quality of environment across the country;
Whereas it is hereby published for the information of the public likely to be affected thereby; and the notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of this notification, as published in the gazette of India, are made available to public;
Objections or suggestions on the proposals contained in the draft notification, if any may be addressed, within the period so specified, to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor bagh Road, New Delhi- 110 003 or electronically at e-mail addressed: [email protected]
The objections and suggestions which may be received from any person with respect to the said draft rules before the expiry of the period so specified shall be considered by the Central Government.
Draft Rules
Chapter I
1. Short title and commencement:- (1) These rules shall be called draft Environment Protection (Extended Producer Responsibility for Packaging made from paper, glass and metal as well as sanitary products) Rules, 2024 ;
(2) They shall come into force from 01 April, 2026.
2. Application.- These rules shall apply to:
(i) Producer (P) who introduce any packaging made from glass, metal and paper including paper board as well as sanitary products in the market;
(ii) Importer (I) who introduce any packaging made from glass, metal, paper including paper board as well as sanitary products in the market;
(iii) Brand Owners (BOs) who introduce any packaging made from glass, metal and paper including paper board as well as sanitary products in the market;
(iv) Waste processor of packaging made of paper including paper board or glass or metal and sanitary waste;
3. Definitions.- (1) In these rules, unless the context otherwise requires,-
i. "Brand Owner" means a person or company who sells any commodity under a registered brand label/trade mark;
ii. "End of Life disposal" means using packaging waste for generation of energy and includes co-processing (e.g. in cement kilns) or for other utilisation as per guidelines, etc.
iii. "Extended Producer's Responsibility (EPR)" means the responsibility of a producer for the environmentally sound management of the product until the end of its life;
iv. "Importer" -means a person who imports for commercial use, any packaging made from glass, metal and paper and sanitary products;
V. "Waste Processors” means recyclers and entities engaged in using solid waste for energy (waste to energy)
vi. "Pre-consumer packaging waste” means packaging waste generated in the form of reject or discard at the stage of manufacturing of packaging and packaging waste generated during the packaging of product including reject, discard, before the packaging reaches the end-use consumer of the product.
vii. "Post-consumer packaging waste" means packaging waste generated by the end-use consumer after the intended use of packaging is completed and is no longer being used for its intended purpose.
viii. "Producer" means persons engaged in manufacture of packaging made from glass, metal and paper and sanitary products;
ix. "Recyclers" are entities who are engaged in the process of recycling of packaging waste;
Χ. "Recycling" means the process of transforming segregated packaging waste into a new product or raw material for producing new products;
xi. "sanitary products" means products comprising of diapers, sanitary towels or napkins, incontinence sheets;
xii. "Use of recycled content" means recycled material, instead of virgin, is used as raw material in the manufacturing process
xiii. "Waste to Energy” means using packaging waste for generation of energy and includes co-processing (e.g. in cement kilns).
(2) Words and expressions used herein but not defined, but defined in the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974 and the Air (prevention and Control of Pollution) Act, 1981, as well as rules notified there under, as amended from time to time, shall have the same meaning as assigned to them in the respective Acts and Rules.
4. Obligated Entities.- (1) The Producers, Importers and Brand Owners who introduce any packaging or sanitary products in the market shall be responsible for collection of such packaging or sanitary products.
(2) Where any Producer, Importer or Brand owner fulfils his extended producer responsibility, he/she is deemed to have complied with his responsibility under sub-rule (2) of this rule.
(3) The following entities shall be covered under the EPR obligations and provisions of these notification,-
(i) Producer (P) who introduce any packaging made from glass, metal and paper including paper board as well as sanitary products in the market other than micro and small enterprises as defined under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006)
(ii) Importer (I) who introduce any packaging made from glass, metal and paper including paper board as well as sanitary products in the market with an annual turnover of Rs. 10 crore and above;
(iii) Brand Owners (BOs) who introduce any packaging made from glass, metal and paper including paper board as well as sanitary products in the market, including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.
(iv) Waste Processors of packaging made of paper including paper board or glass or metal or sanitary waste.
(4) In case, any entity has EPR obligation for more than one type of packaging, then the entity shall have a single registration. The registration shall be as per SOP prescribed by CPCB for the purpose as per these Guidelines.
5. Coverage of EPR.- (1) The following are covered under EPR:
(i) Packaging made of paper
(ii) Packaging made of glass
(iii) Metal packaging, excluding non-ferrous metal based packaging covered under Hazardous Waste and Other Wastes (Management and Transboundary Movement) Rules, 2016.
(iv) Sanitary products
(2) Packaging waste comprising of plastic shall be governed and managed as per Plastic Waste Management Rules, 2016 as amended from time to time.
(3) The EPR on packaging made of paper, glass and metal covers the following elements:
I. Recycling
II. Use of recycled content
III. End of life disposal
6. Registration.- (1) The following entities shall register on the centralized online portal of EPR:
I. Producer (P) of packaging made of paper or glass or metal or sanitary products;
II. Importer (I) of packaging made of paper or glass or metal or sanitary products;
III. Brand owner (BO) of packaging made of paper or glass or metal or sanitary products;
IV. Waste Processor of packaging made of paper or glass or metal and sanitary waste
(2) Registration of PIBOs (operating in one or two states) and waste processors shall be done by SPCB/PCC through the centralized EPR portal.
(3) Registration of PIBOs (operating in more than two states) shall be done by CPCB through the centralized EPR portal.
(4) PIBOs starting their business in a particular year resulting in introduction of packaging in the market, shall have EPR target obligations from the succeeding financial year.
(5) The entities covered under sub-rule (1) shall not carry out any business related to packaging made of paper or glass or metal, without obtaining registration through on-line centralized portal developed by CPCB.
(6) The registered entities covered under sub-rule (1) shall not deal with any other entity covered under sub-rule (1) but not registered on the online centralized portal.
(7) In case, it is found or determined that any entity registered on the online portal has provided false information or has wilfully concealed information or there is any irregularity or deviated from the conditions stipulated while obtaining registration under EPR Guidelines, then the registration of such an entity would be revoked for a one -year period after giving an opportunity to be heard. The entities whose registration has been revoked shall not be able to register afresh for the period of revocation.
(8) While registering, the entities shall have to provide PAN Number, GST Number, CIN Number, in case of the Company and PAN Number of authorized person(s)/representative (s) and any other necessary information as required.
7. Targets for Extended Producer Responsibility and Obligations of PIBOs.- (1) The EPR targets for the PIBOs shall be determined packaging material wise.
(2) The fulfilment of EPR target for producers shall be with respect to recycling of packaging waste generated from glass or metal or paper. Eligible Quantity in MT (Q 1) shall be the average weight of packaging material sold in the last two financial years (A) plus average quantity of pre-consumer packaging waste in the last two financial year (B) minus the annual quantity (C) supplied to the entities covered under sub-clause 4 (iii) in the previous financial year.
Q 1 (in MT) = (A + B) - C
The EPR Target shall be as given below:
EPR Target as a percentage of Q1 packaging wise (%)
+-------+-------+=========+=========+=========+===================+
| S.No. | | 2026-27 | 2027-28 | 2028-29 | 2029-30 and onwards |
+=======+=======+=========+=========+=========+===================+
| 1. | Paper | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
| 2. | Metal | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
| 3. | Glass | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
(3) The fulfilment of EPR target for Importers shall be with respect to recycling of packaging waste generated from glass or metal or paper. Eligible Quantity in MT (Q 2) shall be the average weight of packaging material and / or packaging made from glass, metal and/or paper of imported products (category-wise) imported and sold in the last two financial years (A) plus average quantity of pre-consumer packaging in the last two financial year (B) waste minus the annual quantity (C) supplied to the entities covered under sub-clause 4 (iii) in the previous financial years.
Q 2 (in MT) = (A + B) - C
The EPR Target shall be as given below:
EPR Target as a percentage of Q2 packaging wise (%)
+-------+-------+=========+=========+=========+===================+
| S.No. | | 2026-27 | 2027-28 | 2028-29 | 2029-30 and onwards |
+=======+=======+=========+=========+=========+===================+
| 1. | Paper | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
| 2. | Metal | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
| 3. | Glass | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
(4) The fulfilment of EPR target for Brand Owners shall be with respect to recycling of packaging waste generated from glass or metal or paper. Eligible Quantity in MT (Q 3) shall be the average weight of virgin packaging material (category-wise) purchased and introduced in market in the last two financial years (A) plus average quantity of (B) of pre-consumer packaging in the last two financial years.
Q 3 (in MT) = A + B
The EPR Target shall be as given below:
EPR Target as a percentage of Q3 packaging wise (%)
+-------+-------+=========+=========+=========+===================+
| S.No. | | 2026-27 | 2027-28 | 2028-29 | 2029-30 and onwards |
+=======+=======+=========+=========+=========+===================+
| 1. | Paper | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
| 2. | Metal | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
| 3. | Glass | 70 | 85 | 100 | 100 |
+-------+-------+---------+---------+---------+-------------------+
The EPR target in MT packaging material-wise (as applicable, shall be provided by PIBOs as part of Action Plan on the centralized portal developed by CPCB.
(5) The PIBOs shall ensure minimum level of recycling (excluding end of life disposal) of packaging waste collected under EPR target, packaging wise mentioned above.
Table: Minimum recycling target
Minimum recycling of packaging waste (%)
+-------+-------+=========+=========+=========+===================+
| S.No. | | 2026-27 | 2027-28 | 2028-29 | 2029-30 and onwards |
+=======+=======+=========+=========+=========+===================+
| 1. | Paper | 50 | 60 | 70 | 80 |
+-------+-------+---------+---------+---------+-------------------+
| 2. | Metal | 50 | 60 | 70 | 80 |
+-------+-------+---------+---------+---------+-------------------+
| 3. | Glass | 50 | 60 | 70 | 80 |
+-------+-------+---------+---------+---------+-------------------+
(6) Only those packaging waste, which cannot be recycled will be sent for end-of-life disposal as per relevant guidelines issued by CPCB from time to time.
(7) The PIBOs shall ensure use of recycled content in the packaging category-wise as given below.
Minimum use of recycled content in making of packaging product/material (%)
+-------+-------+=========+=========+=========+===================+
| S.No. | | 2026-27 | 2027-28 | 2028-29 | 2029-30 and onwards |
+=======+=======+=========+=========+=========+===================+
| 1. | Paper | 40 | 50 | 60 | 70 |
+-------+-------+---------+---------+---------+-------------------+
| 2. | Metal | 20 | 30 | 40 | 50 |
+-------+-------+---------+---------+---------+-------------------+
| 3. | Glass | 50 | 60 | 70 | 80 |
+-------+-------+---------+---------+---------+-------------------+
In cases, where it is not possible to meet the obligation in respect of recycled content on account of statutory requirements, the exemption will be granted by CPCB on case-to-case basis. However, in such cases, the PIBO will have to fulfil its obligation of use of recycled content (in quantitative terms) through purchase of certificate of equivalent quantity from such PIBOs who have used recycled content in excess of their obligation. CPCB will develop mechanism for such exchange on the centralized online portal.
(8) In case, where Brand owner is also Producer and/or Importer of packaging material and or sanitary product, EPR target of Producer and Importer shall also apply for determining their EPR targets and obligations as Producer and/or Importer, respectively.
(9) The EPR target in MT category-wise, as applicable, shall be provided by all the PIBOs on the centralized portal developed by CPCB.
(10) The obligations for recycling of packaging waste and use of recycled content in packaging shall be reviewed every five years based upon available technologies for meeting the targets specified.
(11) EPR on packaging made from glass, metal and/or paper as well as sanitary products will promote sustainable packaging, as per guidelines prepared by CPCB, inter alia based on the following criteria (i) package designing promoting reduced use of packaging material, (ii) package designing amenable for recycling, (iii) recycled content in packaging material and (iv) package designing for environment.
(12) The producers, importers and brand owners of sanitary products shall have extended producer responsibility as per table given below
TABLE
Extended Producer Responsibility target (% of Total Weight of Sanitary waste)
+=========+=========+=========+===================+
| 2026-27 | 2027-28 | 2028-29 | 2029-30 and onwards |
+=========+=========+=========+===================+
| 60 | 70 | 80 | 100 |
+---------+---------+---------+-------------------+
Note: Total Weight Sanitary waste = Total dry weight of sanitary product introduced in market (weight basis) X Weight Enhancement factor after use of product (WEF)
(13) CPCB shall notify WEF for each category of sanitary product within six months form the date of notification of these rules.
(14) PIBOs of sanitary products shall ensure that sanitary waste be collected and sent to a registered incinerator facility for end of life disposal.
(15) The producers, importers and brand owners of sanitary products shall fulfil EPR obligation by procuring EPR certificates generated from registered incinerators set up by local authorities or agency authorized by the local authority or authorized common biomedical waste treatment facility, based upon mutually agreed terms. The EPR obligation shall cover collection and transportation of sanitary waste to registered incinerators or common biomedical waste treatment facility.
8. Generation of surplus EPR Certificates, carry forward and offsetting against previous year EPR targets and obligations, and sale and purchase of surplus EPR certificates .- (1) A PIBO, who has fulfilled their EPR targets, can use the surplus for the following:
(i) Off setting previous year shortfall subject to clause 9.5,
(ii) Carry forward for use in succeeding year
(iii) Sell it to other PIBOS
(2) Surplus EPR certificates can only be used for off-setting, carry forward and sale of the same packaging as well as sanitary products. Surplus EPR certificates under recycling category can be used for recycling and end of life disposal. Surplus under EPR certificates under end of life disposal cannot be used for fulfilment of EPR target under recycling category.
(3) A PIBO can also meet its EPR obligation by purchasing surplus EPR certificates from other PIBOs of the same type of packaging and/or sanitary products.
(4) Such transactions shall be recorded and submitted by the PIBO on the online portal while filing annual returns under the EPR framework. CPCB will develop mechanism for such exchange on the centralized online portal.
(5) The Central Pollution Control Board shall issue guidelines for authorisation of agencies for establishment of electronic platform for trade of Extended Producer Responsibility certificates between obligated entities.
(6) The number of electronic platform may be restricted keeping in view volume of trade of Extended Producer Responsibility certificates.
(7) The operation of electronic platform shall be as per guidelines issued by Central Pollution Control Board after approval of the Central Government.
(8) The Central Pollution Control Board shall fix the highest and the lowest price for extended producer responsibility certificates which shall be equal to 100 % and 30 % ,respectively, of the Environment Compensation leviable on the obligated entities for non-fulfilment of Extended Producer Responsibility obligations,
(9) The exchange price of Extended Producer Responsibility certificate between registered entities through the portal shall be between the highest and the lowest prices as fixed above.
9. Imposition of Environmental Compensation.- (1) Environmental Compensation shall be levied based upon polluter pays principle, with respect to non-fulfilment of EPR targets by PIBOs, for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environment pollution.
(2) CPCB shall lay down guidelines for imposition and collection of environment compensation on PIBOs, waste processors, for non-fulfilment of provisions of these rules including for giving false information, generation of bogus EPR certificates. The Guidelines for Environmental Compensation shall be notified and updated, as required.
(3) The Environment Compensation, as applicable, shall be levied by Central Pollution Control Board on the PIBOs operating in more than two states with respect to non-fulfilment of their EPR targets, responsibilities and obligations set out in these guidelines.
(4) The Environment Compensation, as applicable, shall be levied by respective State Pollution Control Boards on the PIBOs operating in their jurisdiction (for PIBOs not operating in more than two states/UTs), waste processors which includes recyclers and other waste processors waste to energy, co-processors, with respect to non-fulfilment of their EPR targets/responsibilities and obligations set out under these guidelines. In case, the State Pollution Control Board/PCC does not take action in reasonable time the CPCB shall issue directions to the SPCB/PCC.
(5) Payment of environmental compensation shall not absolve the PIBO of the obligation set out in these Guidelines. The unfulfilled EPR obligation for a particular year will be carried forward to the next year for a period of three years. In case, the shortfall of EPR obligation is addressed within subsequent years within three years. The environmental compensation levied shall be returned to the PIBO as given below
• Within one year of levying of EC : 75% return
• Within two years 60% return
• Within three years 40% return
After completion of 3 years on EC getting due the entire EC amount shall be forfeited. This arrangement shall allow for collection and recycling of packaging waste by PIBOs in later years as well.
(6) Action against under Section 15 of Environment (Protection) Act may also be taken for violation of any other provisions of these rules in addition to levy of environmental compensation levied. Besides, action under relevant provisions of any other applicable law, shall also be taken.
(7) The funds collected under environmental compensation shall be kept in a separate Escrow account by CPCB/SPCB/PCC. The funds collected shall be utilized in collection and recycling/end of life disposal of uncollected and non-recycled/ non- end of life disposal of packaging waste on which the environmental compensation is levied. Modalities for utilization of the funds for solid waste management on an annual basis would be recommended by the Committee for EPR implementation and approved by the Competent Authority in the Ministry.
10. Role of PIBOs.- (1) The PIBOs shall have to register through the online centralized portal. The certificate of registration shall be issued using the portal.
(2) PIBOs shall provide information on the EPR target, packaging material wise, sanitary product wise where applicable, through the online centralized portal, along with application for registration. The standard operating procedure for registration as well as for providing information on the EPR target, packaging material wise, sanitary product wise where applicable shall be developed by CPCB as per these Guidelines.
(3) The EPR obligation towards sanitary products shall be fulfilled by producers, importers and brand owners by procuring EPR certificates generated from registered incinerators set up by local authorities or agency authorized by the local authority or common biomedical waste treatment facility, based upon mutually agreed terms
(4) Brand owners covered under Clauses 4 (iii) shall provide details of packaging purchased from Producer and/or Importer covered under Clause 4 (i) and 4 (ii) separately. The quantities attributed to each Producer and Importer covered under Clause 4 (i) and 4 (ii) obligated upon Brand Owner shall be deducted from the obligation of Producer and Importer. The record of such purchase including packaging material quantity purchased, shall be maintained separately by Brand Owner.
(5) The Producer and Importer covered under Clauses 4 (i) and 4 (ii) will maintain the record of the quantity of packaging material made available to Brand Owner covered under Clause 4 (iii). The record of such sale including packaging material quantity sold, will be maintained separately by Producer and Importer. In case such records are not maintained, they will have to fulfil the complete EPR obligation. The online platform shall cross-check the declaration of transactions among PIBOs.
(6) In order to develop separate waste streams for collection of packaging product waste as well as sanitary waste for directly fulfilling EPR obligations, the PIBOs may operate schemes such as deposit refund system or buy back or any other model. This will prevent mixing of packaging waste with other solid waste being generated.
(7) The PIBOs shall file annual returns on the packaging product waste and sanitary waste collected and processed towards fulfilling obligations under EPR with the concerned CPCB/SPCB/PCC as per pro forma prescribed by CPCB by the 30th June of the next financial year. Information on the recycling and/or recycled content used for packaging purposes shall also be provided. The details of the registered recyclers from whom the recycled packaging has been procured shall also be provided.
11. Role of Waste Processors.- (1) All waste processors shall have to register with concerned SPCB/PCC on the centralized online portal developed by CPCB. CPCB shall lay down uniform procedure for registration within three months of the publication of these Guidelines.
(2) The waste processors shall submit annual returns after end of every financial year by 30th April of the next financial year on the quantity of packaging waste as well as sanitary waste processed material-wise as per prescribed pro forma on the centralized online portal.
(3) The total quantity of waste processed by waste processors and attributed to PIBOs, on an annual basis, will be made available on the centralized online portal as also on the website of waste processors.
(4) In case, at any stage it is found that the information provided by the waste processor is false, the waste processor shall be debarred by SPCB, as per procedure laid down by CPCB, from operating under the EPR framework for a period of one year.
(5) Only registered waste processors, shall provide EPR certificates for packaging waste and sanitary waste processing. The EPR certificates provided by only registered waste processors shall be considered for fulfilment of EPR obligations by PIBOs.
6) The pro forma for the certificate shall be developed by CPCB. In no case, the amount of waste processed by the enterprise shall be more than installed capacity of the enterprise. The certificates will be for packaging material-wise and shall include GST data of the enterprise.
(7) The EPR certificates for waste provided by registered waste processors shall be in the name of registered PIBOs or local authorities, as applicable, based upon agreed modalities. CPCB will develop mechanism for issuance of such certificates on the centralized online portal.
(8) The waste processors undertaking end-of-life disposal of waste viz. waste to energy, cement kilns (co processing) shall provide information on an annual basis as per prescribed pro forma, on the centralized online portal. Incineration facilities undertaking incineration of sanitary waste shall also provide information on an annual basis as per prescribed pro forma, on the centralized online portal. These entities shall ensure the disposal of packaging waste as well as sanitary products as per relevant rules, guidelines framed by regulatory bodies in an environmentally sound manner.
12. Role of CPCB.- (1) The CPCB shall register PIBOs who are operating in more than two states and waste processors, through centralized online portal. CPCB shall prescribe the standard operating procedure for registration of PIBOS.
(2) The CPCB may charge fee for processing of applications for registration and an annual fee for processing of returns, as per procedure prescribed by it. In case, where PIBOs, are operating in the jurisdiction of a SPCB/PCC, the CPCB as per guidelines so decided, share the application fee with the concerned SPCB/PCC.
(3) The registration shall be done within two weeks from the submission of a complete application online by the PIBOS.
(4) CPCB by itself or through a designated agency shall verify compliance of PIBOs through inspection and periodic audit, as deemed appropriate. CPCB, as required, can also verify compliance of waste processors through inspection and periodic audit. In case of waste processors and PIBOs operating in a State/UT, CPCB may, if required, direct SPCB/PCC to take action.
(5) CPCB shall publish the list PIBOs who have failed to meet EPR target and obligations in the previous financial year, on an annual basis, by 30th September of the next financial year.
(6) CPCB will establish a mechanism to ensure a regular dialogue between relevant stakeholders involved in the fulfilment of extended producer responsibility obligations for packaging made from glass, metal and/or paper as well as sanitary products.
(7) The CPCB shall carry out review of technologies related to recycling/processing of packaging waste as well as sanitary waste and solid waste management for techno-economic viability and feasibility.
13. Role of SPCB / РСС.- (1) The concerned SPCB/PCC shall register PIBOs (operating in one or two states) and waste processors, through the centralized online portal. Provision for registration shall be made on the EPR portal. SPCB/PCC by itself or through a designated agency verify compliance of PIBO through inspection and periodic audit, as deemed appropriate, of PIBOs as well as waste processors in their jurisdiction
(2) The SPCB/PCC shall bring out a list of entities (Exception Report) which have not fulfilled their EPR responsibilities on annual basis and publish the same on their website. The SPCB/PCC shall submit the Annual Reports submitted by PIBOs and packaging waste processors in their jurisdiction to CPCB and upload the same on the online EPR portal.
(3) SPCB/PCC will establish a mechanism to ensure a regular dialogue between relevant stakeholders involved in the fulfilment of extended producer responsibility obligations.
14. Packaging Waste and Sanitary waste collection system.-
(1) PIBO while fulfilling their EPR obligations may develop collection and segregation infrastructure of packaging waste and sanitary waste in collaboration with local bodies or as required, based on type of packaging waste or sanitary waste. It may include the following based on implementation modality of EPR adopted by PIBO:
(a) Establish packaging waste and sanitary waste collection points and Material Recovery Facilities (MRFs);
(b) Ensure the collection of the packaging waste and sanitary product waste from the collection points, with a frequency that is proportionate to the area covered and the volume;
(c) offer the collection of packaging waste and sanitary waste, from the entities like ULB, gram panchayats, other public authorities or third parties carrying out waste management, and provide for the collection from all entities that have made use of that offer; provide for the necessary practical arrangements for collection and transport;
(d) Ensure that the packaging waste collected from the collection points are subsequently subject to recycling in a registered facility by a recycler or its permitted end use in the designated manner and sanitary waste collected are subject to incineration as end of life disposal, in registered incineration facilities.
(2) PIBOs may ensure that the network of collection points taking into account population size, expected volume of packaging waste and sanitary waste, accessibility and vicinity to end-users, not being limited to areas where the collection and subsequent management is profitable.
(3) The entities involved in waste collection will hand over the waste for treatment and recycling or incineration for identified end uses.
(4) Voluntary collection points will hand over packaging waste as well as sanitary waste to the PIBOs or third party agencies acting on their behalf with a view to their treatment and recycling or their identified end use or incineration.
15. Fulfilment of EPR Obligations.- (1) The PIBOs shall have to provide the details of EPR certificates only from registered recyclers/processors along with the details of quantity sent for end of life disposal, by 30th June of next financial year while filing annual returns on the centralized online portal. The details provided by PIBOs and registered waste processors will be duly cross-checked. In case of difference, the lower figure would be considered towards fulfilment of EPR obligation of PIBO. The certificates shall be subject to verification by CPCB/SPCB/PCC, as the case may be.
16. Centralized Online Portal.- (1) The centralized online system for the registration as well as for filing of returns by PIBOs (quarterly/annual) and waste processors shall ensure a mechanism wherein the material balance of the packaging as well as sanitary products introduced in the market by PIBOs of packaging material and sanitary product and PIBOs in a financial year is reflected. It shall also reflect the details regarding the audit of the PIBOs as well as recyclers/other waste processors of packaging waste and sanitary waste.
(2) The centralized online portal shall provide online digital system for implementation of Extended Producer Responsibility by obligated entities including generation and exchange of EPR certificates. The implementation of Extended Producer Responsibility (EPR) under these rules shall be done through the centralized online EPR portal of plastic packaging through a different module on EPR for packaging made from glass, metal, paper and sanitary product.
(3) The SPCB / PCC shall also use the same web portal for registration of PIBO as well as recyclers/waste processors. The web portal would act as the single point data repository with respect to orders and guidelines related to implementation of EPR for packaging waste and sanitary waste. PIBOs may, if they so desire, facilitate the development of online web portal/platform.
(4) Till the online web portal module for EPR obligations under the rules is developed all activities related to implementation of EPR will be done in an offline manner.
17. Monitoring.- (1) SPCB/PCC shall submit annual report on EPR portal with respect to fulfilment of Extended Producer Responsibility by PIBOs and waste processors in the State/UT to CPCB. SPCB shall also submit annual report with respect to recyclers/processors/end of life disposal in the State/UT to CPCB by 31st July of the next year.
18. Committee for EPR under SWM Rules. (1) A committee shall be constituted by the CPCB under chairpersonship of Chairman, Central Pollution Control Board to recommend measures to MoEFCC for effective implementation of EPR including amendments to these EPR guidelines. The committee shall monitor the implementations of EPR and also take such measures as required for removal of difficulties. The Committee shall also be tasked with the guiding and supervision of the centralized online portal including approval of requisite forms/pro forma.
(2) The committee shall comprise of representatives from concerned line Ministries/Departments such as Ministry of Housing and Urban Affairs, Ministry of Micro, Small and Medium Enterprises, Department of Drinking Water and Sanitation,; Ministry of Micro, Small and Medium Enterprises; Bureau of Indian Standards, three State Pollution Control Board / Pollution Control Committee,, National Environmental Engineering Research Institute (NEERI), and three industry associations any other invitee as decided by the chair of the committee.
[F. No 18/8/2024-HSM]
Naresh Pal Gangwar, Addl. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA
NATH YADAVA
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