Gazette Notification on Plastic Waste Management (Amendment) Rules, 2021

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 459] NEW DELHI, THURSDAY, AUGUST 12, 2021/SHRAVANA 21, 1943 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 12th August, 2021 G.S.R. 571(E).—Whereas the draft rules to amend the Plastics Waste Management Rules, 2016, were published in the Gazette of India, Extraordinary, dated the 11th March, 2021 vide notification number GSR 169 (E), inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date copies of the Gazette containing the said draft rules were made available to the public; And whereas, copies of the Gazette containing the said draft rules were made available to the public on the 11th March, 2021; And whereas, objections and suggestions received within the aforesaid period have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by sections 6, 8 and 25 of Environment (Protection) Act 1986, (29 of 1986), the Central Government hereby makes the following rules to amend the Plastic Waste Management Rules, 2016, namely :- 1. (1) These rules may be called Plastic Waste Management (Amendment) Rules, 2021. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Plastic Waste Management Rules,2016 (hereinafter referred to as the said rules), in rule 2, in sub-rule (1), after the word “Importers”, the words, “brand-owner, plastic waste processor (recycler, co-processor, etc.)” shall be inserted. 3. In the said rules, in rule 3, (i) after clause (n), the following clause shall be inserted, namely :- „(na) “Non-woven plastic bag” means Non-woven plastic bag made up of plastic sheet or web structured fabric of entangled plastic fibers or filaments (and by perforating films) bonded together by mechanical or thermal or chemical means, and the “non-woven fabric” means a flat or tufted porous sheet that is made directly from plastic fibres, molten plastic or plastic films;‟ (ii) after clause (q), the following clause shall be inserted, namely: - „(qa) “Plastic waste processing” means any process by which plastic waste is handled for the purpose of reuse, recycling, co-processing or transformation into new products;‟ (iii) after clause (v), the following clauses shall be inserted, namely: - „(va) “Single-use plastic commodity” mean a plastic item intended to be used once for the same purpose before being disposed of or recycled;‟ „(vb) “Thermoset plastic” means a plastic which becomes irreversibly rigid when heated and hence cannot be remoulded into desired shape;‟ „(vc) “Thermoplastic” means a plastic which softens on heating and can be moulded into desired shape;‟. 4. In the said rules, in rule 4, - (a) in sub-rule (1),− (i) for the words “importer stocking”, the words “import, stocking” shall be substituted; (ii) in clause (c), for the words “fifty microns in thickness” , the words, figures, letters and brackets “seventy five microns in thickness with effect from the 30 th September, 2021and one hundred and twenty (120) microns in thickness with effect from the st December, 2022” shall be substituted; (iii) in clause (h), after the words, “carry bags”, the words “and commodities” shall be inserted; (iv) in clause (h), after the words, “compostable plastic carry bags”, the words “or commodities or both” shall be inserted; (v) after clause (i), following clause shall be inserted, namely: - “ ( j) non-woven plastic carry bag shall not be less than 60 Gram Per Square Meter (GSM) with effect from the 30 th September, 2021.”; (b) after sub-rule (1), the following sub-ules shall be inserted, namely:- “(2) The manufacture, import, stocking, distribution, sale and use of following single- use plastic, including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from the 1 st July, 2022:- (a) ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration; (b) plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers. (3) The provisions of sub-rule (2) (b) shall not apply to commodities made of compostable plastic. (4) Any notification prohibiting the manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheets and multi- layered packaging and single-use plastic, including polystyrene and expanded polystyrene, commodities, issued after this notification, shall come into force after the expiry of ten years, from the date of its publication”. 5. In the said rules, in rule 5, in sub-rule (1), in clause (d), for the figures “2000”, the figures “2016” shall be substituted. 6. In the said rules, in rule 6, in sub-rule (2), after clause (a), following clause shall be inserted, namely: - “(aa) ensuring that the provisions of these rules, as amended, are adhered to;”. 7. In the said rules, in rule 7, in sub-rule (1), after clause (a), following clause shall be inserted, namely : - “(aa) ensuring that the provisions of these rules, as amended, are adhered to;”. 8. In the said rules, in rule 9, in sub-rule (1), after the words, “local body concerned”, the words “as per guidelines issued under these rules from time to time” shall be inserted. 9. In rule 11, sub-rule (1), − (i) after the words “plastic carry bag”, the words, “plastic packaging” shall be inserted; (ii) in clause (a), after the word “manufacturer”, the words “producer or brand- owner” shall be inserted, and after the words “carry bag”, the words “and plastic packaging used by the brand owner” shall be inserted; (iii) in clause (b), after the words “multilayered packaging”, the words “excluding multi-layered packaging used for imported goods” shall be inserted; (iv) in clause (c), after the words “name and certificate number”, the words “of producer” shall be inserted. 10. In rule 12, − (i) in sub-rule (2), after the words “waste generator,” ,the words “restriction or prohibition on” shall be inserted; (ii) in sub-rule (3), after the words “waste generator,” ,the words “ restriction or prohibition on” shall be inserted. 11. In rule 13, in sub-rule (1), after the words “Union Territory concerned”, the words “or the Central Pollution Control Board” shall be inserted. NARESH PAL GANGAWAR, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- section (i), vide number GSR 320 (E), dated the 18 th March, 2016 and subsequently amended vide notification number GSR 285 (E), dated the 27 th March, 2018. and Published by the Controller of Publications, Delhi-110054. ALOK KUMAR