Gazette Tracker
Gazette Tracker

Core Purpose

Draft notification proposing the Plastic Waste Management (Second Amendment) Rules, 2023 to amend the Plastic Waste Management Rules, 2016 under the Environment (Protection) Act, 1986.

Detailed Summary

G.S.R. 744(E) dated 16th October, 2023, issued by the Ministry of Environment, Forest and Climate Change, publishes as a draft, under sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the proposed 'Plastic Waste Management (Second Amendment) Rules, 2023' amending the Plastic Waste Management Rules, 2016 (G.S.R. 320(E) dated 18th March, 2016), inviting objections or suggestions within sixty days to the Secretary, Ministry of Environment, Forest & Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110003, or by email to [email protected] and [email protected]; the draft revises definitions of 'Importer', 'manufacturer', 'multi-layered packaging' and 'Plastic Packaging' (introducing Categories I to V covering rigid, flexible, multilayered, compostable and biodegradable plastic packaging) and inserts a new definition of 'seller' in rule 3; requires manufacturers to sell raw material only to producers or sellers registered on a centralized online portal under Schedule II; revises thickness exemptions to cover carry bags and sachets used for gutkha, tobacco and pan masala, requires Central Pollution Control Board certification for compostable and biodegradable plastic products before marketing, and imposes new annual reporting obligations on local bodies and Panchayati Raj Institutions at the District Level (new rule 7A) via a Centralized Plastic Waste Annual Report Portal in Forms V(A) and V(B) covering plastic waste generated, infrastructure, projections and enforcement actions by 30th June each year; also amends Extended Producer Responsibility obligations under rule 9 for Producers, Importers, Brand Owners and manufacturers, with the extracted text truncated before the rule 9 amendments conclude.

Full Text

6591 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 591] NEW DELH I, MON DAY , OCTOBER 1 6, 2023/ ASVINA 24, 1945 CG-DL-E-18102023-249510 CG-DL-E-18102023-249510 25 विा 2025 -26 विा 2026 -27 विा 2027 -28 और श्ेणी II 30 40 50 60 श्ेणी III 30 40 50 60 श्ेणी IV 50 60 70 80 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICAT ION New Delhi, the 16th October, 2023 G.S.R. 744(E). —The following draft notification 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), for making certain amendments in the Plastic Waste Management Rules, 2016, issued vide G.S.R. 320 (E), dated the 18th March, 2016, is hereby published as required under sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for information of th e public likely to be affected thereby and notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to the public; Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Minis try of Environment, Forest & Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi -110003 or electronically at email address: [email protected] , [email protected] . Draft Notification Whereas, the Plastic Waste Management Rules, 2016 (hereinafter referred to as the ―said rules‖) were notified by Ministry of Environment, Forest and Climate Change vide G.S.R. 320 (E), dated the 18th March, 2016 to provide statutory framework for plastic waste management in the country in an environmentally sound manner; Whereas, in order further strengthen the effective implementation of rules amendments are being proposed inter alia including comprehensive cov erage of supply chain actors plastic raw material through registration under the rules; introduce regime for environmentally sound management of compostable and biodegradable plastics; use of information technology tools for online reporting replacing mult i-step manual reporting and capturing of data at various stages of waste management at state and local authority level; provide for online electronic trading platform for trading of certificates generated by registered plastic waste processors for price di scovery. Now, therefore, in the exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), read with clause (d) of sub -rule (3) of rule 5 of the said Environment (Protection) Rules, 1986 t he Central Government hereby publishes this draft notification as required under sub -rule 3 of rule 5 of the said Environment (Protection) Rules, 1986, which shall on and from the date of its final publication make the following amendments in the said noti fication, namely: — 1. ( 1 ) These rules may be called Plastic Waste Management (Second Amendment) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette . 2. In the said rules, in rule 3, (i) in sub -rule (k) for the words ―― Importer‖ means a person who imports plastic packaging or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like‖ the followi ng words shall be substituted, namely: - “„Importer ” means a person who imports for the purpose of further sale plastic packaging or commodities with plastic packaging or carry bags or plastic packaging or plastic sheets or like and plastic raw material in cluding in the form of resin or pellets (ii) in sub -rule (m) for the words ――manufacturer‖ means and include a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer‖, the following words sh all be substituted, namely: - ――manufacturer‖ means and include a person or unit or agency engaged in production of plastic raw material‖; (iii) in sub -rule (n), for the words ――multi -layered packaging‖ means any material used or to be used for packa ging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such as paper, paper board, polymeric materials, metallised layers or aluminium foil -, either in the form of a laminate or co -extruded structure‖, the following sub -rule shall be substituted, namely: - ――multi -layered packaging‖ means any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of ma terials such as paper, paper board, polymeric materials, aluminum foil, either in the form of a laminate or co -extruded structure‖; (iv) in sub -rule (oa) for the words ― ―Plastic Packaging‖ means packaging material made by using plastics for protectin g, preserving, storing and transporting of products in a variety of ways‖, the following words shall be substituted, namely: - ――Plastic Packaging‖ means packaging material made by using plastics for protecting, preserving, storing and transporting of prod ucts in a variety of ways and having the following categories: (a) Category I Rigid plastic packaging; (b) Category II Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches including metallised layers; (c) Category III Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic or having one materia l as plastic and another material other than plastic); (d) Category IV Plastic packaging made of compostable plastics; (e) Category V Plastic packaging made from biodegradable plastics‖ (v) after sub -rule (ua), the following sub -rule shall be inserted, - ―(ub) ―seller‖ means a person who sells plastic raw material/intermediate material for plastic packaging for further use or sale.‖; 3. In the said rules, in rule 4, (i) in clause (e) of sub -rule (1), for the words ―the manufacturer shall n ot sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from the concerned State Pollution Control Boards or Pollution Control Committee‖ the following words shall be substituted, namely: - ―the manufac turer shall not sell or provide or arrange plastic to be used as raw material to a producer or to a seller not registered on the centralized online portal specified in Schedule II‖ (ii) in clause (h) of sub -rule (1), for the words ―The provision of thickness shall not be applicable to carry bags and commodities made up of compostable plastic and biodegradable plastics. Carry bags and commodities made from compostable plastics shall conform to the Indian Standard: IS/ISO 17088:2021 titled as Specific ations for Compostable Plastics, as amended from time to time. The manufacturers or seller, of compostable plastic and biodegradable plastic carry bags and/or commodities or both, shall obtain a certificate from the Central Pollution Control Board before m arketing or selling‖ the following words shall be substituted, namely: - ―The provision of thickness shall not be applicable to carry bags, sachets used for storing, packing or selling gutkha, tobacco and pan masala and commodities banned under sub rule (2 )(b) of rule 4 of these rules, made up of compostable plastic and biodegradable plastics. Carry bags and commodities made from compostable plastics shall conform to the Indian Standard: IS/ISO 17088:2021 titled as Specifications for Compostable Plastics, a s amended from time to time. The manufacturers of compostable plastic and biodegradable plastic carry bags and/or commodities permitted under the rules, or both, shall obtain a certificate from the Central Pollution Control Board before marketing or sellin g; and‖ (iii) after clause (h), of sub-rule (1) the following clause shall be inserted, namely :- ―(ha) The use of compostable plastics and biodegradable plastics is permitted only for manufacture of carry bags, sachets used for storing, packing or selling gutkha, tobacco and pan masala and commodities banned under sub rule (2)(b) of rule 4 of these rules, with mandatory marking and labeling as prescribed under these rules. CPCB may as required, prescribe guidelines, to permit manufacture of further commodities from compostable and biodegradable plastics, after approval of Government.‖ (iv) after sub-rule (3), the following sub-rule shall be inserted, namely :- (3a) The manufacturer of commodities mentioned in sub – rule (2) (b) made from b iodegradable plastics shall have obligation to report on the quantum of such commodities introduced in the market and quantum of pre -consumer waste generated as per proforma prescribed by CPCB with effect from 1st April 2024. (v) after sub-rule (4), the following sub-rule shall be inserted, namely :- ―(5) Units manufacturing commodities made from plastic or commodities containing part (s) made of plastic shall, as part of consent requirements, ensure processing of the pre -consumer plastic waste generated in the form of reject or discard at the stage of manufacturing of such commodities either through self or through plastic waste processors registered under these rules and report pre -consumer plastic waste processed on annual basis online under C onsent mechanism. Concerned SPCB/PCC shall ensure the online submission, through a portal, of these reports as part of compliance of consent requirements.‖ 4. In the said rules, in sub -rule (1) of rule 6, for the words ―Every local body shall be re sponsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers‖ the following words shall be substituted, namely: - ―Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers or br and owners, as per mutually agreed terms and conditions‖ (i) after sub -rule (4) of rule 6, the following sub -rules shall be inserted, namely: - ―(5) The local body shall undertake assessment of plastic waste generated, including legacy plasti c waste, in a year by 30th June of next financial year and also project plastic waste to be generated in accordance with the guidelines issued by CPCB. (6) The local body shall assess, the plastic waste management infrastructure available for colle ction, segregation and processing and report it on their websites by 30th June of next financial year. (7) The local body shall take necessary action to prevent stocking, distribution, sale and usage of banned Single Use Plastic items in their juri sdiction . (8) The local body shall submit annual report on plastic waste management by 30th June of next financial year in Form V(A) covering the following through the Centralized Plastic Waste Annual Report Portal to be developed by CPCB: (i) plastic waste generated, including legacy plastic waste, in a year (ii) plastic waste management infrastructure available for collection, segregation, processing (iii) projection of plastic waste to be generated (iv) status on framing and implementation on byelaws (v) actions taken action to prevent stocking, distribution, sale and usage of banned Single Use Plastic items .” 5. In the said rules, in sub -rule (1) of rule 7, for the words ―Every gram panchayat either on its own or by engaging agencies or producers shall set up, operationalize and co -ordinate for waste management in the rural area under their control and for performing the associated functions, namely‖, the following words shall be substituted, namely: - ―Every gram panchayat or Panchaya ti Raj Institution at the district level either on its own or by engaging agencies or producers or brand owners or manufacturers, as per mutually agreed terms and conditions shall set up, operationalize and co -ordinate for waste management in the rural are a under their control and for performing the associated functions, namely‖ (i) after clause (c) of sub -rule (1) of rule 7, the following clauses will be inserted, namely: - (d) creating awareness among all stakeholders about their responsibilities ; (e) engaging civil societies or groups working with waste pickers; (f) ensuring that open burning of plastic waste does not take place; (g) The Gram Panchayat shall take necessary action to prevent stocking, distribution, sale and usage of Single Use Plastic items in their jurisdiction 6. after rule 7 of said rules, the following new rule shall be inserted, namely: - ―7A. Responsibility of Panchayati Raj Institution at District Level (such as Zilla Parishad) (1) The Panchayati Raj Ins titution at District Level shall undertake of plastic waste generated, including legacy plastic waste, in a year by 30th June of next financial year for rural areas of the district and also develop projection for quantity of plastic waste in accordance wit h the guidelines issued by CPCB. (2) The Panchayati Raj Institution at District Level shall assess, the plastic waste management infrastructure available for collection, segregation and processing and report in on their websites by 30th June of nex t financial year. (3) The Panchayati Raj Institution at District Level shall report by 30th June of next financial year in Form V(B) covering the following through the Centralized Plastic Waste Annual Report Portal to be developed by CPCB: (i) plastic waste generated, including legacy plastic waste, in a year (ii) plastic waste management infrastructure available for collection, segregation, processing (iii) projection of plastic waste to be generated (iv) status on framing and implementation on byelaws (v) actions taken action to prevent stocking, distribution, sale and usage of banned Single Use Plastic items .” 7. In the said rules, in rule 9, (i) in sub -rule (1) for the words ―The Producers, Importers and Brand Owners, shall fulfill Extended Producer Responsibility for Plastic Packaging as per guidelines specified in Schedule - II‖, the following words shall be substituted, namely: - ―The Producers, Importers and Brand Owners and manufacturer of permitted commodities and plasti c packaging mentioned in clause (ha) of sub -rule (1) of Rule 4, made from compostable and biodegradable plastics, shall fulfill Extended Producer Responsibility for Plastic Packaging as per guidelines specified in Schedule - II‖, (ii) in sub -rule (2) , for the words ―Primary responsibility for collection of used multi -layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who introduce the products in the market. They need to establish a system for collecting back t he plastic waste generated due to their products‖, the following words shall be substituted, namely: - ―Primary responsibility for collection of used multi -layered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners who intro duce the products in the market. In order to develop a separate waste stream for collection of plastic packaging waste for directly fulfilling Extended Producer Responsibility obligations, the Producers, Importers & Brand -Owners, and manufacturers and imp orters of plastic may operate schemes such as deposit refund system or buy back or any other model. This will prevent mixing of plastic packaging waste with solid waste.‖ 8. after sub – rule (6) of rule 10, following new sub -rule shall be inserted, namely: - ―(7) In cases where sample testing has commenced, before the laboratory was recognized/certified by BIS or NABL, and the report is complying with IS 17899 T:2022, the applicant may be asked to submit the sample for re - testing and be permit ted to continue with the production or usage of the said biodegradable plastic material for report complying with IS 17899 T:2022 is available, till such time the fresh test report is received from duly accredited laboratory covered under sub -rule 6. ―(8) BIS shall prescribe separate colour / marking for plastic packaging and commodities made from compostable and biodegradable plastics based upon processing for compostable plastics and end of life environmental media / site for biodegradation.‖ 9. in rule 11, (i) in sub -rule (2), for the words ―Each recycled carry bag shall bear a label or a mark ―recycled‖ as shown below and shall conform to the Indian Standard: IS 14534: 1998 titled as ―Guidelines for Recycling of Plastics‖, as amended from time to time‖, the following words shall be substituted, namely: - ―Each recycled carry bag or plastic packaging or commodity shall bear a label or a mark ―recycled‖ as shown below and shall conform to the Indian Standard: IS 14534: 1998 titled as ―Gu idelines for Recycling of Plastics‖, as amended from time to time‖ (ii) in sub-rule (3), for the words ―Each carry bag made from compostable plastics shall bear a label ―compostable‖ and shall conform to the Indian Standard: IS or ISO 17088:2008 ti tled as Specifications for ―Compostable Plastics‖ the following words shall be substituted, namely: - ―Each carry bag or plastic packaging or commodity covered under Rule 4 made from compostable plastics shall bear a label ―compostable only under industr ial composting‖ and shall conform to the Indian Standard: IS or ISO 17088:2008 titled as Specifications for ―Compostable Plastics‖ (iii) after sub -rule (3), of the rule 11, the following new sub -rule shall be inserted, namely: - ―(4) Each carry bag or plastic packaging or commodity covered under Rule 4 made from biodegradable plastic shall bear the label ―Biodegradable in [ --- specify number of days ---] only in the [ ---specify recipient environment such as land, landfill, water etc. ---]‖.‖ 10. In rule 13, (i) after sub -rule (4), the following shall be substituted, namely: - ―(4) Every manufacturer and importer of plastic raw material shall make an application to the State Pollution Control Board or the Pollution Control Committee of the Union Territory concerned, for the purpose of one -time registration, in the Form III through Centralized online portal specified in Schedule –II subject to the following conditions: (i) sell plastic raw material to only those Producers of p lastic packaging who are registered on the ―Centralized online portal‖ specified in Schedule –II and that Registration number of such producer is mentioned on sale invoice for sale of plastic raw material; (ii) not sell plastic raw material to any en tity or units engaged in manufacturing of banned single use plastic items; (iia) sell plastic raw material to only those sellers who are registered on the ―Centralized Online Portal‖ (iii) submit Quarterly Report on the ―Centralized online portal‖ spec ified in Schedule –II as per Form VII; (iv) print the following on all packaging bags of plastic raw material: “Not to be used in the manufacture of SUP items prohibited under PWM Rules, 2016 including plastic sheets < 50 micron thickness, non -woven carry bags < 60 GSM, Carry bags < 120 micron thickness‖ (v) incorporate the following in all MoU/ Sale Contracts/Price Lists pertaining to sales of plastic raw materials: “Buyer hereby undertakes and warrants to comply, at all times, with the applic able laws including but not limited to the Plastic Waste Management Rules 2016 as amended from time to time and notifications and directives issued thereunder ( “PWM Rules‖), in relation to the use of the Goods. Buyer expressly undertakes and warrants t hat the plastic raw material purchased shall not be used, directly or indirectly, in production of banned Single Use Plastic (SUP) items, listed in PWM Rules.‖ (ii) after sub -rule (4), the following new sub -rule is inserted, namely: - ―(4a) Every person en gaged in selling plastic raw material or an intermediate material used for manufacture of plastic packaging to producer shall make an application to the concerned State Pollution Control Board or the Pollution Control Committee of the UnionTerritory concer ned, for the grant of one -time registration, in the Form prescribed by CPCB for the purpose through Centralized online portal specified in Schedule -II.‖ (iii) in sub -rule (8) for the words, ―Every State Pollution Control Board or Pollution Control Commi ttee shall take a decision on the grant of registration within ninety days of receipt of an application which is complete in all respects‖, the following words shall be substituted, namely: - ―In case an application for registration under sub -rule (1) to su b-rule (5) complete in all respect is pending for registration with the State Pollution Control Board or the Pollution Control Committee for more than 30 days, in such cases after completion of 30 days CPCB shall be the become the authority for registratio n.‖ 11. for rule 17, the following rule shall be substituted: ―17. Annual reports. - (1) Every person engaged in recycling or processing of plastic waste shall prepare and submit an annual report in Form -IV to the local body concerned under intim ation to the concerned State Pollution Control Board or Pollution Control Committee by the 30th April, of every year through online reporting module developed by CPCB. (2) Every manufacturer and importer of plastic raw material shall prepare and sub mit an annual report in Form VII to the concerned State Pollution Control Board or Pollution Control Committee by the 30th June, of every year through online reporting module developed by CPCB. (3) Every person involved in the sale of plastic raw ma terial or an intermediate material used for manufacture of plastic packaging shall prepare and submit an annual report in the form prescribed by CPCB to the concerned State Pollution Control Board or Pollution Control Committee by the 30th June, of every y ear through online reporting module developed by CPCB. (4) Every urban local body as well as Panchayati Raj Institution at District Level shall prepare and submit an annual report in Form –V to the concerned Additional Chief Secretary/Principal Secr etary of the Urban Development Department and to Additional Chief Secretary/Principal Secretary of the Rural Development Department, respectively under intimation to the concerned State Pollution Control Board or Pollution Control Committee by the 30th June, every year through online reporting module developed by CPCB. (5) Each State Pollution Control Board or Pollution Control Committee shall prepare and submit an annual report in Form VI to the CPCB on the implementation of these rules by the 31st July, of every year through online reporting module developed by CPCB. (6) The CPCB shall prepare a consolidated annual report on the use and management of plastic waste and forward it to the Central Government along with its recommendations before the 31st August of every year. (7) CPCB, as required, shall amend the forms prescribed under these rules under intimation to the Government.‖ 12. In schedule II of the said rules, in the title for the words ―Guidelines on Extended Producer Res ponsibility for Plastic Packaging‖ the following words shall be substituted, namely: - ―Guidelines on Extended Producer Responsibility for Plastic Packaging and commodities made from compostable plastics and biodegradable plastics‖ 13. In clause 4 of schedule II, for the words, ― Obligated Entities: The following entities shall be covered under the Extended Producer Responsibility obligations and provisions of these guidelines namely: - (i) Producer (P) of plastic packaging; (ii) Importer (I) of all imported plastic packaging and / or plastic packaging of imported products; (iii) Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as pe r the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.; (iv) Plastic Waste Processors‖, the following words will be substituted, namely: - ―Obligated Entities: The following entities shall be covered under the Extende d Producer Responsibility obligations and provisions of these guidelines namely: - (i) Producer (P) of plastic packaging, other than those which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises , Government of India; (ii) Importer (I) of all imported plastic packaging and / or plastic packaging of imported products; (iii) Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, whic h are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.; (iv) Plastic Waste Processors; (v) Manufacturers and importers of plastic raw material; (vi) Manufacturers of item s, mentioned in sub rule (4)(ha), made from compostable plastics and biodegradable plastics. 14. In item (iv) of sub -clause (5.1) of clause 5 of Schedule II, for the words ―Category IV Plastic sheet or like used for packaging as well as carry bags ma de of compostable plastics‖, the following words shall be substituted, namely: - ―Category IV carry bags, sachets used for storing, packing or selling gutkha, tobacco and pan masala and commodities banned under sub rule (2)(b) of rule 4 of these rules an d commodities covered under sub -rule (1)(ha) of rule 4, made of compostable plastics‖ 15. after item (iv) of sub-clause (5.1) of clause 5 of Schedule II, the following item shall be inserted, namely: - ―(v) Category V carry bags, sachets used for st oring, packing or selling gutkha, tobacco and pan masala and commodities banned under sub rule (2)(b) of rule 4 of these rules and commodities covered under sub -rule (1)(ha) of rule 4, made of biodegradable plastics .‖ 16. in clause (6.3) of Schedul e II, for the words ―The entities covered under clause (6.1) shall not deal with any entity not registered through on-line centralized portal developed by Central Pollution Control Board‖, the following words shall be substituted, namely: - ―The entities covered under clause (6.1) any unregistered entity covered under Clause 6.1 shall not deal with any entity not registered through on-line centralized portal developed by Central Pollution Control Board‖ 17. in item (a) of sub-clause (6.1) of clause 6 of Schedule II, for the words ―The following entities shall register on the centralized portal developed by Central Pollution Control Board namely: - i. Producer (P); ii. Importer (I); iii. Brand owner (BO); iv. Plastic Waste Processor engaged in (a) recycling, (b) wast e to energy, (c) waste to oil, and (iv) industrial composting.‖, the following words shall be substituted, namely : - ―The following entities shall register on the centralized portal developed by Central Pollution Control Board namely: - i. Producer (P) inclu ding those which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India; ii. Importer (I); iii. Brand owner (BO); iv. Plastic Waste Processor engaged in (a) recycling, (b) waste to energy, (c) waste to oil, and (iv) industrial composting; v. Manufacturers and importers of plastic raw material; vi. Manufacturers of items, mentioned in sub rule (4)(ha), made from compostable plastics and biodegradable plastics‖ 18. clause (7.8) of Schedule II shall be omitted. 19. after clause (7.7) in Schedule II the following clause shall be inserted, namely: - ―(7.9) Manufacturer or importer of plastic raw material - Eligible Quantity in MT for Extended Producer Responsibility Target category -wise (i) The extended producer responsibility of micro and small producers shall be fulfilled manufacturer or importer of plastic raw material who has supplied the plastic raw material to micro and small producers: Provided that the target for use of recycled plastic content shall be fulfilled by such producers. (ii) The Extended Producer Responsibility Target category -wise for manufacturer or importer of plastic raw material shall be the quantity of plastic raw material sold to micro and small producers where the sale invoice is authenticated by the manufacturer or importer of plastic raw material, on the centralized online portal (iii) The category of plastic packaging shall be declared by the micro and small producers on the centralized online portal. (iv) While fulfilling the EPR target category -wise the manufacturer or importer of plastic raw material shall ensure minimum level of recycling (excluding end of life disposal) of plastic packaging waste collected under Extended Producer Responsibilit y Target, category -wise, as given below, subject to namely: - Minimum level of recycling (excluding end of life disposal) of plastic packaging waste (% of Extended Producer Responsibility Target) Plastic packaging category 2024 -25 2025 -26 2026 -27 2027 -28 and onwards Category I 50 60 70 80 Category II 30 40 50 60 Category III 30 40 50 60 Category IV 50 60 70 80 In case of Category IV plastic packaging category (plastic sheet or like used for packaging and carry bags made of compostable plastics), the minimum level of recycling means processing plastic packaging waste for composting through industrial composting facilities. 20. after sub-clause (8.4) of clause 8 of Schedule II, the following sub-clauses shall be inserted, namely :- ―(8.5) CPC B shall issue guidelines for authorization of agencies for establishment of Electronic platform (s) for trade of EPR certificates between obligated entities. (8.6) The number of electronic platform (s) may be restricted by CPCB keeping in view volume of trade of EPR certificates. (8.7) The operation and regulation of electronic platform (s), so established under clause 8.5 for trade of EPR certificates between obligated entities, shall be as per guidelines notified by CPCB for the purpose. (8.9) The CPCB shall fix the highest and lowest price for EPR certificate every six month or as required, keeping in view the cost for collection and environmentally sound management of plastic packaging waste and the environmental compensation regime in for ce.‖ 21. In clause 10 for the words ― Role of Producers, Importers & Brand -Owners‖, the following words shall be substituted, namely: - ― Role of Producers, Importers & Brand -Owners and manufacturers and importers of plastic raw material‖ 22. In clause (10.1) for the words ―(10.1) The Producers, Importers & Brand -Owners shall have to register through the online centralized portal developed by Central Pollution Control Board. The certificate of registration shall be issued using the portal.‖, the following words shall be substituted, namely: - ―(10.1) The Producers, Importers & Brand -Owners and manufacturers and importers of plastic raw material shall have to register through the online centralized portal developed by Central Pollution Control Boa rd. The certificate of registration shall be issued using the portal.‖ 23. In clause (10.5) for the words ―(10.5) In order to develop a separate waste stream for collection of plastic packaging waste for directly fulfilling Extended Producer Responsibil ity obligations, the Producers, Importers & Brand -Owners may operate schemes such as deposit refund system or buy back or any other model. This will prevent mixing of plastic packaging waste with solid waste.‖ the following words shall be substituted, name ly:- ―(10.5) In order to develop a separate waste stream for collection of plastic packaging waste for directly fulfilling Extended Producer Responsibility obligations, the Producers, Importers & Brand -Owners and manufacturers and importers of plastic raw material may operate schemes such as deposit refund system or buy back or any other model. This will prevent mixing of plastic packaging waste with solid waste.‖ 24. In clause (10.6), after the words ―Producers, Importers & Brand Owners‖, the follo wing words shall be inserted ―manufacturers and importers of plastic raw material‖. 25. for clause 15.1 of Schedule II, the following clause shall be substituted: ― (15.1) The Producers, Importers & Brand -Owners and manufacturers and importers of plastic raw material shall have to provide the details of recycling certificate only from registered recyclers 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 online portal. The details provided by Producers, Importers & Brand -Owners and registered plastic waste processors will be cross -checked by the online portal. In case of difference, the lower figure would be considered towards fulfilment of Extended Producer Resp onsibility obligation of Producers, Importers & Brand -Owners. The certificates shall be subject to verification by Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee, as the case may be. 26. after clause 15.2 of Schedule II, the following clause shall be added: (15.3) Manufacturers of biodegradable plastics shall fulfill their EPR obligations by obtaining EPR certificates generated by local authorities based upon mutually agreed modalities. The local authorities shall generate EPR certificates equal to the biodegradable plastic collected by them put to end of life biodegradation in the respective recipient environment as per BIS standard. Such transactions shall be recorded and submitted by the manufacturers on the centralized online portal while filing annual returns under the Extended Producer Responsibility framework. Central Pollution Control Board will develop mechanism for such exchange on the centralized portal.‖ 27. In the said rules, Form V, shall be substituted with the following forms namely: - FORM V (A) FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE MANAGEMENT TO BE SUBMITTED BY THE URBAN LOCAL BODY Period of Reporting: A General 1. Name of the City or Town and State: 2 Name & Address of Local body 3 Contact E -mail: 4 Contact Phone No. 5 Population 6 Area in sq. Kilometers 7 Total numbers of the wards in the area under jurisdiction 8 Total numbers of households in the area under jurisdiction ( current year) 9 Number of househol ds covered by door to door collection 10 Total number of commercial establishments and Institutions in the area under jurisdiction covered by door to door collection  Commercial establishments  Institutions B Mechanism of Plastic Waste Manag ement Summary of the mechanisms put in place for management of plastic waste in the area under jurisdiction along with the details of agencies involved ( Please attach the details) Please attach details of infrastructure put in place for manag ement of plastic waste generated in the area under jurisdiction 3 Door to door collection of segregated waste (coverage) 4 Total no. and capacity of MRF Facilities a) No. and capacity of Mechanical MRF Facilities b) No. and capacity of Manu al MRF Facilities 5 Number and capacity of industrial composting unit for compostable plastics 6 Number and capacity of Operational Waste to energy Plants 7 Number and capacity of operational wastes to Oil units 8 Quantity and capacity of Plast ic waste used in road construction along with KM 9 Disposal of thermoset plastic as per guidelines 10 Linkages with cement plants etc. for plastic waste 11 Provision for disposal of inert material from recyclers and other waste processor in sanita ry landfill (Y/N) 12 Number of recycling facility with details of category - wise 13 Scientific Landfill site (number and capacity) 14 Legacy waste site (number and amount of legacy waste) C Plastic Waste Generation, Collection, Segregation & C haracterization 1. Quantity of Plastic Waste generated (Tonnes)  Plastic packaging ( Cat I/Cat II/ Cat III/Cat IV)  Others type of plastic waste 2 Please confirm that Assessment of Plastic Waste Generation is as per methodology specified by CP CB ( Yes/No) 3 Please upload Plastic Waste Characterization Report as per methodology specified by CPCB 4 Quantity of plastic collected during the year from area under jurisdiction (in tons) 5 Plastic Waste Segregated (Tonnes) 6 Quantity of pla stic waste channelized for recycling and processing during the year (in tons) 7 Quantity of plastic waste channelized for reuse during the year (in tons) 8 Quantity of inert or rejects sent from recycling facilities to landfill sites during the year (in tons) D EPR Implementation 1. ULBs Registration No. on generated from centralized online portal specified in Schedule II 2. Details of Plastic Waste Processors (To be autofetched from EPR Portal ) Name Type (Recycler/Coprocessors/ Waste to Energy/Waste to Oil/Road Making ) Registration No Processing Capacity ( TPA) PW (Cat-I) PW (Cat- II) PW (Cat- III) PW (Cat -IV) Others Type(Recycler/Coprocessors/Waste to Energy/Waste to Oil/Roa d Making ) PW (Cat -I) PW (Cat -II) PW (Cat -III) PW (Cat- IV) Others 3 EPR Guidelines leveraged for PWM (Y/N) a Model selection ((1. Own PWPs of ULB 2. Providing plastic waste 3. Other) 4 Certificate generated by ULB Own PWPs in previous year (MT) 5 Certificate transferred in previous year to PIBO (MT) 6 Others (details) E. Implementation of ban imposed under Rule 4 including on identified single use plastic items, plastic carry bags having thickness less than 120 microns 1 Total number of commercial establishments/Institutions & Hotspots in the area under jurisdiction a -Commercial establishments = Malls, Cinema Halls, Airports, Railway Stations, Metro Stations b - Institutions - School s, Colleges, Office Complex etc c -Hotspots – Tourist spots, sabzi Mandi, Wholesale market, Fish Market, Flower market, Religious Places etc. 2 Total No of Inspections ( Data Autofetched from SUP Compliance Monitoring Portal) 3 Total No of Com mercial Establishment and hotspots closed for SUP Ban Violation 4. Total Fine imposed ( Rs.) ( Data Autofetched from SUP Compliance Monitoring Portal) 5. Quantity of Banned SUP seized( Tons) ( Data Autofetched from SUP Compliance Monitoring Porta l) 6. Total No of Commercial establishment and hotspot made SUP free 7. Details of mode of disposal of seized SUP Qty of SUP Seized ( T) Mode of Disposal ( Recycling/ WtE/ WtO/ Co- processing) Name & Address of the Plastic Waste Processor 9. Details of Entities producing Alternatives including compostable plastics S.No . Name of Entity SUP Alternative Processing Capacity (TPA) Address 10. No of Complaints received on SUP grievance App ( Data Autofetched from S UP Grievance redressal app) 11. No of Complaints resolved ( Data Autofetched from SUP Grievance redressal app) 12 Setting up plastic waste management cell 13 Identified ingress points for plastic waste at Drain and Water Body 14 Number of surf ace water bodies and drains cleaned from Plastic waste 15 Measures taken to stop ingress of plastic waste in water bodies and drains 16 Distribution points for Eco alternatives for banned Single Use Plastic items F ENFORCEMENT OF PWM RULES 1. Please confirm if Bye - laws have been framed ( Yes/No) 2. No. of violations & action taken on non -compliance of provisions of PWM Rules, 2016, as amended, 2018 (Rule 12) 3. Total no of Violation (Burning/ Littering) 4. Action Taken ( Fine Imposed Rs.) (B) FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE MANAGEMENT TO BE SUBMITTED BY THE PANCHAYATI RAJ INSTITUTION AT THE DISTRICT LEVEL Period of Reporting: A General 1. Name of the District and State: 2 Name & Address of Panchayati Raj Institution At The District Level 3 Contact E -mail: 4 Contact Phone No. 5 Number of Gram Panchayats covered 6 Number of villages covered 7 Total Population 8 Total Area 9 Total number of households B Mechanism of Plastic Waste Management 1. Summary of the mechanisms put in place for management of plastic waste in the area under jurisdiction along with the details of agencies involved ( Please attach the details) 2. Please attach details of i nfrastructure put in place for management of plastic waste generated in the area under jurisdiction 3. Total no. of Plastic Waste Management Units set up with capacity C Plastic Waste Generation, Segregation & Collection, Characterization 1. Quantity of Plastic Waste generated (Tonnes) (Plastic packaging waste: Cat I/Cat II/ Cat III/Cat IV and Others) 2. Quantity of Plastic Waste collected (Tonnes) 3. Plastic Waste Segregated (Tonnes) 4. Please confirm that Assessment of Plast ic Waste Generation is as per methodology specified by CPCB ( Yes/No) 5. Please upload Plastic Waste Characterization Report as per methodology specified by CPCB 6. Plastic waste channelized for processing and recycling (details quantum of plastic waste, type of processing) 7. EPR Guidelines leveraged for PWM (Y/N) a Model selection ((1. Own PWPs of ULB 2. Providing plastic waste 3. Other) D Details of Plastic Waste Processing ( including EPR details) Type (Recycler/Coprocessors/Waste to Energy/Waste to Oil/Road Making ) PW (Cat -I) PW (Cat -II) PW (Cat - III) PW(Cat - IV) Others E. Implementation of ban imposed under Rule 4 including on identified single use plastic items, plastic carry bags having thickness l ess than 120 microns 1 Total number of Institutions & Hotspots in the area under jurisdiction a - Institutions - Schools, Colleges, etc b Hotspots – sabzi Mandi, Wholesale market, Fish Market, Flower market, Religious Places etc. 2 Total No of Commercial establishment and hotspot made SUP free F ENFORCEMENT OF PWM RULES 1 Please confirm if Bye - laws have been framed ( Yes/No) 2 No. of violations & action taken on non -compliance of provision s of PWM Rules, 2016, as amended, 2018 (Rule 12) 3 Total no of Violation (Burning/ Littering) 4 Action Taken (Fine Imposed Rs.) 28. In the said rules, Form VI, shall be substituted with the following forms namely: - FORM V I FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE MANAGEMENT TO BE SUBMITTED BY SPCB/PCC Period of Reporting: A General 1. Name of the State/UT: 2. Name & Address of SPCB/PCC: 3. Contact E -mail: 4. Contact Phone No. 5. Details of Plastic Waste Management (State Level)  Collection (MT)  Segregation (MT)  Processing including recycling (MT)  Disposal (MT) B Mechanism of Plastic Waste Management 1. Summary of the mechanisms put in place for management of plas tic waste in your State/UT along with the details of agencies involved ( Please attach the details) 2. Please attach details of infrastructure put in place for management of plastic waste generated in your State/UT 3. Total no. of MRF Facilities a No. of Mechanical MRF Facilities with capacity b No. of Manual MRF Facilities with capacity C Plastic Waste Generation, Collection, Segregation & Characterization 1. Total Numbers of the Urban Local Bodies (ULBs) in the area under jurisdiction 2. No. of ULBs who have submitted Annual Report 3. Total Numbers of the Gram Panchayat (GPs) in the area under jurisdiction 4a Total number of Panchayati Raj institution at District Level 4b No. of Panchayati Raj institution at District Level who have submitted annual report 5 Please confirm that all GPs/ULBs have provided complete information in stipulated time as per format prescribed by CPCB ( Yes/No) 6. Please provide no. of ULBs/GPs which have not submitted complete information within the stipulated time frame 7. Please provide total amount of EC levied on GP/ULBs as per ―6‖ above 8. Quantity of Plastic Waste generated (Tonnes) ( Cat I/Cat II/ Cat III/Cat IV/ Others) 9. Quantity of Plastic Waste collected (Tonnes) 10. Plastic Waste Segregated (Tonnes) 11. Please confirm that all Local Bodies/ GPs have carried out Assessment of Plastic Waste Generation & Characterization as per methodology specified by CPCB ( Yes/No) 12. Please upload Plastic Waste Characterization Report as per methodology specified by CPCB 13. Please confirm that data validation and reconciliation has been done as per methodology specified by CPCB ( Yes /No) D EPR Implementation 1. Total Number of ULBs registered on EPR ( To be autofetched from EPR portal ) 2. Details of Plastic Waste Processors (To be autofetched from EPR Portal ) Name Type Registration Processi ng Capacity ( TPA) (Recycler/Coprocessors/Waste to Energy/Waste to Oil/Road Making ) No PW (Cat-I) PW (Cat-II) PW (Cat- III) PW (Cat- IV) Other s 3. Plastic Waste Processed through PWPs (TPA) Type (Recycler/Coprocessors/Waste to Energy/Waste to Oil/Road Making ) PW (Ca t- I) PW (Cat - II) P W (C at- III) PW (Cat-IV) Other s 4. Audit & Levying of Environmental Compensation (EC) ( To be auto fetched from the EPR Portal) a No. of Entities (PIBOs/PWPs) audited b No. of Entities (PIBOs/PWPs) fo und in violation c EC levied on violating Entities (PIBOs/PWPs) E. Implementation of ban imposed under Rule 4 including on identified single use plastic items, plastic carry bags having thickness less than 120 microns 1. Total number of commercial establishments/ Institutions & Hotspots in the area under jurisdiction a -Commercial establishments :Malls, Cinema Halls, Airports, Railway Stations, Metro Stations b - Institutions: Schools, Colleges, Office Complex etc c -Hotspots :T ourist spots, sabzi Mandi, Wholesale market, Fish Market, Flower market, Religious Places etc. 2. Total No of Inspections ( Data Auto fetched from SUP Compliance Monitoring Portal) 3. Total No of Commercial Establishment and hotspots closed for SUP B an Violation 4. Total No. of Industries inspected( Data Auto fetched from SUP Compliance Monitoring Portal) 5. Total no. of industries closed for manufacturing banned SUP items 6. Total Fine imposed (Rs.) ( Data Auto -fetched from SUP Compliance Monitoring Portal) 7. Quantity of Banned SUP seized( Tons) ( Data Auto -fetched from SUP Compliance Monitoring Portal) 8. Total No of Commercial establishment and hotspot made SUP free 9. Details of mode of disposal of seized SUP Qty of SUP Seized ( T) Mode of Disposal ( Recycling/ WtE/WtO/ Co- processing) Name & Address of the Plastic Waste Processor 10. Details of Entities producing Alternatives including compostable plastics Sl.No. Name of Entity SUP Alternative Processing Capacity (TPA) Address 11. No of Complaints received on SUP grievance App ( Data Autofetched from SUP Grievance redressal app) 12. No of Complaints resolved ( Data Autofetched from SUP Grievance redressal app) F ENFORCEMENT OF PWM RULES 1. Details of Registered Plastic Raw Material Manufacturing Units Total No: Capacity: Product Manufactured 2. Details of Registered PWP (Non - packaging) Processing Facilities Total No: Capacity: Product Manufactured 3. Details of Unregistered Manufacturing or Recycling Units (in residential or unapproved areas). Total No: Capacity: Product Manufactured 4. No. of ULBs which have framed bye -laws 5. No. of violations & action taken on non -compliance of prov isions of PWM Rules, 2016, as amended, 2018 (Rule 12) 6. Total no. of violations (Burning/ Littering/non -registration and other non - compliance) 7. Action Taken ( Fine Imposed / Closures issued) 29. In the said rules after Form VI, the following Form shall be inserted: FORM VII Format for Quarterly report of Plastic Raw Material Manufacturer / Importer of plastic raw material Year: Quarter: Q1/Q2/Q3/Q4 S. No. Buyer Name Buyer category (1/2/3) Registration number@ for buyer cate gory 1 and Consent no. for buyer category 2 and 3 Type of plastic raw material supplied Qty. of plastic raw material supplied (Kg. or Tonnes) Buyer GSTN GST E - invoice No. Buyer Category 1: Registered Producer (Packagi ng) 2: Producer (Non -packaging) 3: Others Type of plastic raw material supplied 1. PET 2. HDPE 3. PVC 4. LDPE 5. PP 6. PS 7. Others [F. No -17/6/2023 -HSMD] NARESH PAL GANGAWAR, Addl. Secy. Note -The principal rules were published in the Gazette of India, vide number G.S.R. 3 20(E), dated the 18th March, 2016 and subsequently amended vide notification number G.S.R. 285(E), dated the 27th March, 2018, vide notification number G.S.R. 571(E), dated the 12th August, 2021, vide notification number G.S.R. 647(E), dated the 17th Augus t, 2021, vide notification number G.S.R. 133(E) , dated the 16th February 2022, vide notification number G.S.R. 522(E) , dated the 6th July 2022 and last amended vide notification number G.S.R. 318(E) , dated the 27th April 2023. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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