Thu. May 2nd, 2024

Ministry of Environment, Forest and Climate Change (MoEF&CC) released Plastic Waste Management (Amendment) Rules, 2024. Through these rules, the Plastic Waste Management Rules, 2016 will be amended. In this, permission has been given to make carry bags and items from compostable plastic or biodegradable plastic. This permission is subject to mandatory marking and labeling. Under this, manufacturers of compostable plastic or biodegradable plastic carry bags or items covered under the rules will have to obtain a certificate from the Central Pollution Control Board before marketing or selling them.

Key Highlights of the Plastic Waste Management (Amendment) Rules 2024

Biodegradable Plastics

  • Biodegradable plastics are now defined as materials capable of degradation by biological processes in specific environments like soil and landfill, without leaving any microplastics.
  • Microplastics are defined as any solid plastic particle insoluble in water, with dimensions between 1 micron and 1,000 microns (1 micron is one-thousandth of a millimetre).
  • In recent years, they have been reported as a major source of pollution affecting rivers and oceans.

Microplastics Testing

  • The rules do not specify which chemical tests can establish the absence of microplastics or the extent to which microplastics must be reduced for elimination.

Expanded Definition of “Importer”

  • The definition now includes imports of various plastic-related materials such as packaging, carry bags, sheets, raw materials, and intermediate materials used in plastic manufacturing for commercial purposes.
  • Earlier, “importer” referred to someone who imported plastic packaging, products with plastic packaging, carry bags, multilayered packaging, plastic sheets, or similar items.

Inclusive Definition of “Manufacturer”

  • The scope now encompasses those engaged in the production of plastic raw materials, compostable plastics, and biodegradable plastics, reflecting a broader range of entities covered under this term.

Extended Scope of “Producer”

  • Beyond manufacturing plastic packaging, it now includes the production of intermediate materials used in plastic packaging and contract manufacturing for brand owners.

Certification Requirement

  • Manufacturers are allowed to produce carry bags and commodities from compostable or biodegradable plastics, and must obtain a certificate from the Central Pollution Control Board (CPCB) before marketing or selling their products.

There are two categories of microplastics: primary and secondary

  • Primary microplastics are tiny particles designed for commercial use and microfibers shed from clothing and textiles, such as microbeads found in personal care products, plastic pellets, and plastic fibres.
  • Secondary microplastics are formed from the breakdown of larger plastics, such as water bottles, caused by exposure to environmental factors like the sun’s radiation and ocean waves.
  • Microplastics act as carriers for various chemicals, antibiotic-resistant bacteria, and pathogens, posing risks to aquatic life and human health if they bypass the water treatment process.

What are Biodegradable Plastics and Compostable Plastics?

Biodegradable PlasticCompostable Plastic
DefinitionDefined as materials capable of degradation by biological processes in specific environments such as soil or landfill.Biodegradation depends on factors like temperature, presence of microorganisms, nutrients, oxygen, and moisture.Designed to biodegrade in the conditions of an industrial composting plant or an industrial anaerobic digestion plant with a subsequent composting step.
Environmental BenefitCan reduce reliance on fossil fuels if made from biobased sources.Reduces waste for specific applications such as take-out containers
Potential HarmIf not managed properly, it may not biodegrade as intended, leading to environmental damage.If not composted in appropriate conditions, can have the same consequences as non-biodegradable plastics, contributing to plastic pollution.

Recent Plastic Waste Management Rules in India

Plastic Waste Management Rules, 2016

  • The Plastic Waste Management Rules, 2016, mandate the generators of plastic waste to take steps to minimise the generation of plastic waste, not to litter the plastic waste, ensure segregated storage of waste at source & hand over segregated waste in accordance with rules.
  • The PWM Rules, 2016 cast Extended Producer Responsibility (EPR) on Producer, Importer, and Brand Owner and EPR shall be applicable to both pre-consumer and post-consumer plastic packaging waste.
  • Increased the minimum thickness of plastic carry bags from 40 microns to 50 microns and stipulated a minimum thickness of 50 microns for plastic sheets.
  • Expand the jurisdiction of applicability from municipal areas to rural areas.
  • Responsibility for implementation of the rules is given to Gram Panchayat in rural areas.
  • Introduction of waste segregation at source for individual and bulk generators

Plastic Waste Management (Amendment) Rules 2018

  • Phasing out of multi-layered plastic (MLP) (material used or to be used for packaging and having at least one layer of plastic) is now applicable to MLP which are “non-recyclable, or non-energy recoverable, or with no alternate use.”
  • Prescribed a central registration system for the registration of the producer/importer/brand owner of plastics.
  • The centralised registration system will be evolved by the Central Pollution Control Board (CPCB) for the registration of the producer/importer/brand owner.
  • The rules aim to streamline the registration process for producers, importers, and brand owners, while also providing a mechanism for phasing out non-recyclable multi-layered plastics.

Plastic Waste Management Amendment Rules, 2021

  • Prohibits identified single-use plastic items that have low utility and high littering potential by 2022.
  • Prohibition of manufacture, import, stocking, distribution, sale, and use of certain single-use plastic items including polystyrene and expanded polystyrene from 1st July 2022.
  • Plastic packaging waste not covered by the phase-out of single-use plastic items will be collected and managed in an environmentally sustainable way through Extended Producer Responsibility.
  • This responsibility is legally enforced through the Plastic Waste Management Amendment Rules, 2021.
  • Increase in the thickness of plastic carry bags from 50 microns to 75 microns with effect from 30th September 2021, and to 120 microns with effect from 31st December 2022.

Plastic Waste Management (Amendment) Rules, 2022

  • Introduced guidelines on EPR for plastic packaging. These guidelines set mandatory targets for EPR, recycling of plastic packaging waste, reuse of rigid plastic packaging, and the use of recycled plastic content.
  • Environmental compensation will be imposed on those who fail to meet EPR targets, based on the polluter pays principle.
  • This is to protect and improve the environment, and prevent, control, and reduce pollution.
  • The principle holds polluters responsible for compensating for the damage caused to the environment, regardless of their intent.
  • The guidelines provide a framework to strengthen the circular economy of plastic packaging waste.

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