Plastic Waste Authorization in India

Plastic Waste Authorization is a formal approval granted by pollution control authorities to businesses or entities involved in the handling, generation, recycling, or disposal of plastic waste. This authorization ensures that such entities follow the rules and guidelines under the Plastic Waste Management Rules, 2016 (India).

Plastic manufacturers, brand owners, recyclers, and waste processors must obtain this authorization to operate legally. The aim is to regulate plastic waste handling, promote recycling, and reduce environmental harm through responsible plastic waste management.

Plastic Waste Management (PWM) Rules

The legal basis for Plastic Waste Authorization in India is the Plastic Waste Management (PWM) Rules, 2016, along with its amendments.

• Expanded Applicability: The rules now apply to both urban and rural areas, giving responsibilities to Gram Panchayats.
• Extended Producer Responsibility (EPR): EPR means that PIBOs—Producers, Importers, and Brand Owners—are accountable for managing the plastic waste their products create. The 2022 amendments introduced important updates, so it’s essential to stay informed about the latest compliance requirements.
• Mandatory Registration: PIBOs and PWPs (Plastic Waste Processors) must register on the CPCB's centralized EPR Portal.
• Categorization of Plastic Packaging: Plastic packaging is divided into four categories (rigid, flexible, multi-layered, and compostable) for EPR targets.
• EPR Targets: PIBOs must meet annually increasing targets for collecting, recycling, and reusing plastic packaging waste. These progressive targets are tracked and monitored through the CPCB portal to ensure compliance.
• Recycled Content Mandate: The Recycled Content Mandate requires PIBOs to include a certain percentage of recycled plastic in their products. As per the PWM Rules Amendment 2022, PIBOs must also submit action plans and quarterly or annual returns on the CPCB EPR Portal.

What is Extended Producer Responsibility (EPR) for Plastic Waste?

EPR is a policy approach under the PWM Rules where producers, importers, and brand owners (PIBOs) are made responsible for the environmental management of their products. For plastic waste, this means PIBOs must ensure the collection, segregation, and processing of an equivalent amount of plastic waste that they introduce into the market.

This responsibility is a core component of your EPR obligations and is directly tied to obtaining Plastic Waste Authorization.

Role of a Plastic Waste Processor (PWP)

A Plastic Waste Processor (PWP) handles the processing of plastic waste through recycling, co-processing, or converting it into other usable forms. PWPs must be registered and empaneled with the CPCB or the respective SPCB based on their scale and location. They are also responsible for issuing Plastic Waste Processing Certificates (PWPCs) to PIBOs.

Unlike PIBOs, PWPs do not have EPR obligations for waste collection targets. However, they play a critical role in the EPR framework by processing the waste that PIBOs collect. They also need to register on the EPR Portal (eprplastic.cpcb.gov.in) and provide processing certificates to PIBOs to help them meet their targets.

If your business falls into any of the following categories, you need Plastic Waste Authorization:

The PWM Rules apply to all producers, importers, and brand owners, irrespective of their scale of operation.

1. Exemption from EPR Registration (in some cases): Micro and small enterprises that use plastic packaging for internal purposes may be exempt from EPR registration under specific conditions. However, if they use plastic packaging, they must still follow other provisions under the Plastic Waste Management (PWM) Rules.
2. Mandatory Compliance of Producing/Branding Plastic: If the MSME is a producer, importer, or brand owner using plastic packaging, Plastic Waste Authorization and EPR registration are mandatory.
3. Registration on CPCB Portal: MSMEs involved in plastic packaging (as PIBOs) must register on the Central Pollution Control Board’s EPR Portal.
4. No Production Without Authorization: MSMEs cannot legally operate or produce plastic packaging materials without obtaining Plastic Waste Management Authorization from the SPCB.
5. Records Maintenance: MSMEs must maintain records of plastic packaging material used, sold, and disposed for audit and compliance purposes.
6. Recyclability & Labeling: Plastic used must be recyclable and properly labeled as per BIS standards. MSMEs must avoid banned single-use plastics.
7. Annual Return Filing: Entities under EPR must file annual returns on the CPCB/SPCB portal detailing plastic waste generation and disposal.
8. Use of Registered Recyclers Only: MSMEs must partner only with authorized plastic waste processors or recyclers listed with the CPCB/SPCB.
9. Penalties for Non-Compliance: Failure to obtain authorization or adhere to rules can lead to fines, suspension of operations, or legal action.

The jurisdiction for Plastic Waste Authorization depends on your operational spread:

• CPCB (Central Pollution Control Board): If you operate in more than two states or Union Territories, or if you are an importer, you must register directly with the CPCB on their centralized EPR Portal.
• SPCB (State Pollution Control Board): If your business operates within a single state or union territory, registration with the respective SPCB is mandatory. You’ll also need to obtain environmental clearances such as Consent to Establish, Consent to Operate, and pollution control NOCs, along with your Plastic Waste Management registration.

Having your documents in order will significantly speed up your application.

Obtaining Plastic Waste Authorization can seem daunting, but by following a structured process, you can navigate it efficiently.

Step 1: Getting Started on the CPCB Centralized EPR Portal

The entire application process for PIBOs and PWPs is online, through the CPCB's centralized EPR Portal (eprplastic.cpcb.gov.in). The first step involves creating an account and registering your basic business details.

Step 2: Filling out the Application Form

The online application form requires detailed information about your business, the types and quantities of plastic you produce, import, or manage, and your proposed plan for meeting EPR obligations. This includes specifying the categories of plastic packaging and your annual targets.

Step 3: Preparing and Uploading Documents

Gathering all necessary documents is crucial. The specific documents required will vary slightly depending on whether you are a PIBO or a PWP. Ensure all documents are clear, legible, and in the prescribed format.

Step 4: Paying the Government Fees

Once you complete the application and upload documents, you will be directed to pay the prescribed government fees online through the portal. The application will only be processed after successful payment.

The cost of Plastic Waste Authorization involves various fees levied by the government and potential charges for professional assistance.

Obtaining Plastic Waste Authorization is just the beginning. You have ongoing responsibilities to ensure continuous compliance.

1. Comply with Conditions in the Authorization: Follow all terms and environmental conditions specified by the SPCB/CPCB in your certificate.
2. Implement EPR (Extended Producer Responsibility) Plan: Ensure proper collection, channelization, and recycling or disposal of plastic waste as per your approved EPR plan.
3. Maintain Detailed Records: Keep records of plastic produced, sold, collected, processed, or sent to recyclers.
4. Use Only Registered Recyclers: Partner only with CPCB/SPCB-registered recyclers, co-processors, or waste-to-energy units.
5. File Annual Returns: Businesses must submit quarterly progress reports and file a consolidated annual return detailing the quantity of plastic waste generated, collected, processed, or reused. These reports must be submitted through the CPCB or SPCB EPR portal within the prescribed timelines to maintain compliance and avoid penalties.
6. Renew Authorization on Time: Track your authorization’s validity and apply for renewal well before expiry to avoid legal complications.
7. Avoid Banned Plastic Items: Ensure your operations do not involve banned single-use plastic items as per national or state rules.
8. Proper Labeling of Packaging: All plastic packaging must be clearly labeled with recyclability codes in line with CPCB or BIS guidelines. As per IS 14534:1998, the labeling should indicate the type of plastic and its recyclability to support proper waste segregation.
9. Follow Waste Handling Norms at Site: Store and handle plastic waste safely within the premises, avoiding leakage into the environment.

Your Plastic Waste Authorization is typically valid for a specific period (e.g., five years). Before its expiry, you must apply for renewal on the EPR Portal. The renewal process involves submitting an updated application, providing details of your compliance over the past period, and paying the renewal fee. It’s important to start the renewal process early to prevent any gaps in authorization, as delays can lead to automatic suspension of operations and even legal action in certain states.

Non-compliance with the Plastic Waste Management (PWM) Rules and failure to obtain or maintain Plastic Waste Authorization can lead to severe penalties.

The Plastic Waste Authorization Certificate is a legal document issued by the Central or State Pollution Control Board that permits your business to generate, store, handle, transport, or recycle plastic waste. It ensures your operations meet environmental norms and protects you from penalties or shutdowns due to non-compliance.

With digital services in place, obtaining your certificate is faster and easier than ever. Once approved, you can download the certificate from the official CPCB portal using your reference number.

How to Download the Plastic Waste Authorization Certificate Online?

To download:

1. Visit the official CPCB portal.
2. Log in using your credentials or application number.
3. Navigate to the ‘Download Authorization’ or ‘Approved Certificates’ section.
4. Enter your reference number and date of approval.
5. Download your certificate in PDF format.

How to Check Plastic Waste Authorization Status Online?

To check status:

1. Go to the CPCB online portal.
2. Click on ‘Track Application Status’ or ‘Authorization Status’.
3. Enter your application/reference number.
4. View the current status, whether approved, pending, or under review.
5. Contact the board office for further clarification if needed.