India's New Plastic Waste Management Rules

Summary of India's Plastic Waste Management Rules Amendment

Key Amendments:

• Compliance Flexibility:

  • Companies can carry forward unmet recycling targets for up to three years, starting from 2026–27, if they achieve one-third of the deficit annually.
  • Targets must be fulfilled by 2024–25 under the Extended Producer Responsibility (EPR) framework, which aims for companies to collect and process 100% of the plastic they introduce to the market.

• Tradable Certificates:

  • A system for tradable certificates has been introduced, allowing companies to fulfill obligations by purchasing credits from those exceeding their targets. This can lower compliance costs but means companies might not recycle their own waste.

Targets for Recycled Content in Plastic Packaging:

• Rigid Plastic Packaging (Category I):
  • 30% recycled material by 2025–26, increasing to 60% by 2028–29.
• Flexible Plastics (Category II):
  • 10% recycled content by 2025–26, rising to 20% thereafter.
• Multi-layered Plastics (Category III):
  • 5% recycled content by 2025–26, increasing to 10%.

Reuse Obligations:

• Rigid Packaging:
  • 10% for smaller containers (0.9–4.9 liters).
  • 70% for large water packaging.
  • 10% for large non-water packaging by 2025–26, with increments scheduled thereafter.

Current Statistics:

• As of now, approximately 20.7 million tonnes of plastic packaging waste have been recycled since the EPR came into effect in 2022.
• Annual Plastic Generation: About 4.13 million tonnes of new plastic waste was generated in 2022–23.

Issues Identified:

• Compliance Gaps: Lack of public data showing full compliance with the recycling targets set under EPR, primarily relying on self-reporting through a central portal.
• Fraudulent Practices: The Central Pollution Control Board (CPCB) identified over 600,000 fake pollution-trading certificates during audits of recycling companies in major states.

Legislative Framework:

• Extended Producer Responsibility (EPR): Introduced in 2022, laid down a phased approach for managing the backlash against plastic pollution, formalizing companies' obligations to recycle and reuse plastic materials.
• Plastic Waste Management Rules: Updated rules solidified compliance structures and recycling targets to address plastic waste and pollution.

Challenges:

• Exclusions in recycled content obligations for sectors regulated by food safety standards, limiting recycling efforts particularly in the food and beverage packaging sector.

Conclusion:

India's amendment to its Plastic Waste Management Rules emphasizes a structured approach towards managing plastic waste while introducing compliance flexibility through carry-forward provisions and tradable certificates. The focus on incremental recycling targets marks a significant move towards enhancing environmental sustainability, albeit with ongoing challenges in achieving compliance and addressing fraudulent activities in the recycling sector.