Dismissed

News Item Published in the Hindu Dated 29TH March 2022 Titled Detecting Microplastics in Human Blood vs

NGT31 Jan 2024Original Application No. 251/2022

Case brief

AI extract

What is this about?

The National Green Tribunal initiated proceedings suo-moto regarding microplastics detected in human blood. After reviewing CPCB and WHO reports acknowledging potential health risks, the Tribunal accepted a Ministry action plan but directed it to be implemented time-boundly to enforce sustainable development and the precautionary principle.

What did the court decide?

The Ministry of Environment, Forest and Climate Change is directed to execute the submitted Action Plan within six months, with progress monitoring and a compliance report to be submitted to the Tribu

News Item Published in the Hindu Dated 29TH March 2022… — Environment and Pollution | NGT (2024)

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Item No. 03

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 251/2022

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In Re: News item published in The Hindu dated 29.03.2022 titled “Detecting microplastics in human blood”

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Date of hearing: 31.01.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: Mr. Paritosh Anil, Advocate with Dr. Amit Love, Additional Director, MoEF & CC (Through VC)

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ORDER

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The proceedings in this Original Application (hereinafter referred to as ‘OA’ ) were initiated suo-moto, taking note of a news item titled “Detecting microplastics in human blood” published in daily newspaper ‘The Hindu’ dated 29.03.2022. The media report said that in absence of enforcement of environmental norms with regard to detection of microplastics in human blood, small particles of plastic enters blood cells of human through food and have adverse health impact on the people.

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The matter was examined by Tribunal on 05.04.2022. It was observed that strict compliance of environmental norms for protecting the people from adverse health impact due to presence of microplastics in blood cells is necessary and it is also pertinent to have a study to be conducted whether the existing policies of enforcement of environmental norms need to be re-visited so as to protect people from health hazards due to the above problem. Tribunal also referred to the proceedings in Southern Zone Bench of Tribunal at Chennai, wherein suo-moto cognizance was taken on similar matters in OA 99/2021(SZ), Tribunal on

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its own motion Suo-Motu based on the news item in the Times of India Newspaper, Chennai Edition dt. 05.04.2021 titled as ‘Chennai, you are breathing micro plastic” vs. The Chief Secretary to Government of Tamil Nadu Chennai and Ors. and OA No. 174/2021(SZ), Tribunal on its own motion Suo Motu based on the news item in The Times of India Newspaper, Chennai Edition dt. 27.07.2021, “High level of metals PM 2.5 found in city’s air you’re breathing” vs. The Chief Secretary to Government of Tamil Nadu Chennai and Ors., wherein CPCB carried out study on analyzing microplastics in ground water in the context of landfill leachate and analysis through National Centre for Sustainable Coastal Management, (hereinafter referred to as ‘NCSCM’ ), Chennai.

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To avoid conflicting orders, the said matters were transferred to Principal Bench of this Tribunal for being dealt alongwith the present matter. The titles of the said matters were modified as In re: News Item published in The Times of India, Chennai dated 05.04.2021 titled “Chennai, you are breathing micro plastic” in OA No. 99/2021(SZ) and In re: News Item published in The Times of India, Chennai dated 27.07.2021 titled “High level of metals PM 2.5 found in city’s air you’re breathing” in OA No. 174/2021(SZ).

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Tribunal also found that a further study is required for which a Committee was constituted comprising CPCB, Indian Council of Medical Research (hereinafter referred to as ‘ICMR’ ), Central Institute of Petrochemicals Engineering and Technology (hereinafter referred to as ‘CIPET’ ) and NCSCM and any other expert institutions as required under nodal co-ordination of CPCB.

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Pursuant to order dated 05.04.2022, a Report dated 13.02.2023 was filed by CPCB. The report acknowledges that Microplastics both

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primary and secondary, pollute drinking water sources primarily through discharge of sewage/waste water treatment plant effluent and surface runoff. As sewage/waste water treatment plants are not equipped for the complete removal of Microplastics, effluent released from these plants contains substantial quantity of Microplastics. Upon mixing of this effluent with fresh water sources, Microplastics become part of fresh/drinking water supply chain. Components of water treatment plants and water distribution system are usually made up of plastic materials such as high density polyethylene, polyvinyl chloride, polypropylene etc. These further contribute towards Microplastics generation in the water they carry. Treated bottled water is also reported to contain Microplastics. In air, suspended Microplastics particles have been isolated from various places such as urbanized city centres, indoor households and remote outdoor regions. As there is wide range of Microplastics size, it is highly likely that these particles are inhaled by the humans. Soil can get affected from plastics through various means such as plastic mulch films, municipal waste, sewage sludge, fertilizers coated with plastics. A significant positive correlation has been seen between the rate of sludge applied onto the soil and concentration of Microplastics particles in the soil. Microplastics concentrations have been detected in the air at dumpsites in India. Microplastics is also being reported in human saliva, blood, placenta, colon, stool and lungs.

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CPCB Report dated 13.02.2023 was considered by Tribunal on 01.03.2023. The conclusion recorded in the Report were noticed in para 4 of the order are as under:

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“C. Conclusions

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1. Independent studies regarding microplastics have been conducted by various organizations in the country including CPCB, MoES-NCCR, NCSCM, NPC and CIPET. Further

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international studies have been conducted by WHO, UNEP, OECD and others.

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2. The studies have primarily focussed on monitoring microplastics (concentration, polymer type, colour, shape) in various environmental matrices.

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3. Occurrence of microplastics has been reported in oceans, sediments, surface water, ground water, wastewater, tap water, bottled water, air, food products, aquatic organisms, and human beings

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4. There is currently no standard method for sampling and analysis of microplastics in the environment. ISO is currently working on the subject

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5. Sampling and analytical methods adopted by different institutions in India are similar with minor variations.Variation in Microplastic concentrations units reported by different organizations has been observed

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6. Uniform procedure for sampling & analysis may be developed by organizations involved in microplastic analysis (CIPET, NCSCM, MoES-NCCR) which can be adopted uniformily across the country till the time ISO standard is finalized.

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7. Source of generation of microplastics including industries, waste management , waste water treatment, ocean activities etc. have been identified. However, exact quantum of microplastics generated from the identified source has not been determined.

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8. Microplastic concentration in transfer media is available for soil/beach sediment, surface water bodies, biota and ocean water. Microplastic concentration for sludge , specifically when it is converted to compost for land application is not available

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9. Microplastic concentration in end use areas including ambient air, drinking water and ground water is available.

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10. Source monitoring, transfer end use of all possible sources listed in Table 3.1 to be covered. Emphasis to be laid on such areas for which no information is available.

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11. Regular monitoring of various water quality parameters to be conducted to provide insight into the presence and concentration of microplastics in environmental matrices(water, sediments, biota)

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12. Microplastic leakages and pathways may be monitored in order to identify further sources and hotspots of microplastics.

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13. Uniform procedure for sampling & analysis as finalized by this Committee may be adopted for such studies till the time ISO Standards are finalized.

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14. Studies conducted on the matter have reported about the presence of microplastics in human body. Physiological or psychological impact has not been reported in these studies.

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15. Health impact of emerging contaminants and long term studies are required to establish Cause effect relationship of microplastics on human health

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16. The aforementioned studies should cover different type, concentration and shapes of microplastics. Impact of chemicals/biofilms associated with Microplastics on human health to be covered. The studies may include the following:  Estimation of the duration and frequency of human exposure to microplastics. Microplastic monitoring as required may be conducted for the same

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Once the exposure assessment is done precisely, doseresponse assessment may be carried out, where the minimum concentration (of microplastics) responsible for any observable effect (on human) shall be assessed.

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17. Bioassays may be conducted to assess the Eco-toxicological impact of microplastics on animal life.

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18. Standards development (Source & ambient) for microplastics may be taken up following establishment of the cause-effect relationship of microplastics on human health

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19. Available technologies to be assessed for their efficacy for removal of microplastics.

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20. Technologies to be developed for removal of microplastics from Air & Soil

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21. Source-directed interventions,

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Sustainable design and manufacturing of textiles, tyres, and complementary products (, laundry detergents, road surfaces, and vehicles), to minimise the tendency of products to contribute to microplastics generation;

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Restrictions on microplastics in the manufacture and sale of certain personal care and cosmetic products containing microplastics.

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Product requirements for household, commercial, or industrial washing machines. For instance, Australia and France have introduced measures to phase in microfibre filters on new washing machines

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22. End-of-life interventions, effective solid & plastic waste management practices, to prevent waste leaking into the environment and potentially contributing to microplastics generation including the following;

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(a) Reducing the amount of plastic waste that enters landfills and dumpsites through the implementation of waste reduction policies and initiatives, such as waste-toenergy programs and increased recycling. Microplastics can

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also be reduced by supporting the development and use of biodegradable plastic alternatives

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23. End-of-pipe interventions, wastewater, stormwater, and road runoff management and treatment, to retain the emitted microplastics before these reach water bodies.

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24. Maximizing clean drinking water supply to all citizens in the country

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25. Other Best practices as listed below for minimizing microplastics in environment may be followed:

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(a) Install physical barriers such as screens and filters on STP/WWTP systems to help reduce the amount of microplastics that enter rivers, lakes, and oceans.

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(b) Support sustainable fishing practices to reduce the amount of microplastic entering rivers from fishing equipment.

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(c) Implementation of Clean-up efforts for beaches and rivers

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26. Training and capacity building including microplastic monitoring, analysis, health impact studies may be taken up for effective implementation of aforementioned points.”

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Tribunal found that Report is based on scientific basis and can be acted upon subject to objections, if any. Report showed clear potential of particulates of Microplastics entering blood cells of human beings which can have adverse health impact. There was need for further remedial action for enforcing ‘Sustainable Development’ and ‘Precautionary Principle’ by way of preventive and remedial measures to utilize anticipated harm to environment and public health pending further scientific investigations for laying down standards, as suggested in the Report.

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This Tribunal in para 8 referred to the observations made by Supreme Court in Vellore Citizens’ Welfare Forum vs. Union of India,

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(1996) 5 SCC 647 and, thereafter, issued further directions in para 9 of the order, as under:

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“9. Thus, while proposed studies may be undertaken expeditiously and completed at the earliest, interventions need to be immediately introduced as short-term measures in future designing and manufacturing of products which are potential threat for generating MP like Textiles, Tyres, and Complementary Products (laundry detergents, road surfaces, and vehicles), manufacture and sale of certain personal care and cosmetic products containing MP, household, commercial, or industrial washing machines. Such other measures as may be identified may also be taken. For this purpose, the concerned Ministries need to consider the above report of CPCB and subject to any objections to the report which may be raised before the Tribunal, interventions may be introduced at the earliest, preferably within four months from today by the Secretary, MoEF&CC in consultation with CPCB, ICMR, Central Institute of Petrochemicals Engineering & Technology (CIPET), NCSCM, and any other expert institutions as required.”

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Pursuant to above order, Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’ ) has filed its Report dated 21.11.2023, wherein it has referred to CPCB’s Report as also World Health Organization’s (hereinafter referred to as ‘WHO’ ) Report of 2019. In para 8 of Report of MoEF&CC, issues highlighted in WHO Report have been crystalized as under:

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Plastic polymers being insoluble, they are unlikely to be absorbed from the gastrointestinal (GI) tract and generally do not interact with biological matrices.

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Plastics can contain additives and unbound monomers, which may leach out either into the surrounding water environment prior to human consumption or potentially, into the GI tract to become bioavailable under some circumstances.

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Investigation of potential risks related to particles indicate that it is possible that smaller plastic particles may be able to pass through the gut wall and translocate to tissues remote from the mucosa, although this may not necessarily translate to a health risk.

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Humans have always ingested particles and have ingested plastic particles for decades with no related indication of

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adverse health effects and evidence suggests that microplastics pass through the GI tract into the faeces.

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Currently a paucity of information to quantitatively assess any potential risk associated with exposure to microplastic particles. Most toxicological tests of microplasties have focused on aquatic organisms or ecotoxicology.

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There are no studies on the impacts of ingested microplastics on human health and there are only a limited number of animal studies of questionable reliability and relevance.

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There is currently no evidence to suggest a human health risk from microplastic associated biofilms in drinking-water.

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Routine monitoring of microplastics in drinking-water is not recommended at this time, as there is no evidence to indicate a human health concern.”

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Thereafter, conclusions which emerged from WHO Report, have been culled down in para 9 as under:

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“9. After detailed deliberations, the following emerged based on conclusions drawn in the report:

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(a) Proposed studies on human health effects of microplastics, standardization of methodology for sampling and analysis microplastics, availability of technologies for removal of microplastics and standard development.

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(i) Long term studies on health effects of microplasties and ecotoxicological studies under Indian conditions need to be performed using standardized methodologies, before development of any environmental standards, as required, based upon scientific data.

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(ii) Central Pollution Control Board to coordinate with the expert institutions /technical experts, if required beyond those mentioned in the pro-forma, for development of uniform methodology and availability of technologies for removal of microplastics. Central Pollution Control Board may also involve expert institutions/technical experts, beyond those mentioned in the Ministry wise proforma, as required.

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(iii) Indian Council of Medical Research along with the Central Pollution Control Board and other relevant

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institutions may initiate long-term under Indian conditions, keeping in view national and international literature available on the topic. It was noted that causal relationship between micro plastics and adverse health effects has not been shown. WHO report of 2109 has also mentioned the same.

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(b) Source directed interventions

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(i) The concerned Ministries/bodies, to consider source directed interventions as per pro-forma, based upon principle sustainable development and scientific evidence on micro plastic releases, and submit comments and action plans, ns appropriate. It was noted that the report does not provide data on releases of microplastics form these sectors under Indian conditions.

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(c) Waste management, end-of-life interventions and other best practices

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(i) The conclusions covered in the NGT order dated 1^st March 2023 and the report of the Committee is to be considered by all the concerned Ministries, as per the NGT order, keeping in view ongoing initiatives.

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In the light of the above, MoEF&CC has prepared an action plan, specifying obligations/duties/performance to be shown by different departments on various aspects and the said action plan has been filed as annexure III to the Report which reads as under:

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“Ministry – wise action plan vide order dated 9th October 2023 of Hon’ble NGT in Original Application no. 251/2022 on “Detecting micro plastic in Human Blood”

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S. No	*Conclus* *Report* *CPCB, I* *NCSCM*	*ions* of *prepared* *CMR, CIPET*	*the* by *and*	*Concerned* *Ministries/* *Department/* *Body*	*Action Plan/Action Ta*	*ken*
_1. _	Uniform sampling be organizat microplas	procedure & analysis developed ions involved tic ana	for may by in lysis	CPCB to develop uniform procedure for sampling and analysis along	CPCB had two meetings representatives of concerned organiza (NCCR, CIPET, NEERI, ICMR-NIREH, NCSCM),	with the tions IITR, on
	(CIPET,	NCSCM, M	oES-	with Central	9.11.2023 and 17.11.	2023
	NCCR) adopted	which can uniformily ac	be ross	Institute of Petrochemicals,	pursuant to the meeting on 26^thOctober 2023	held

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	the country till the time ISO standard is finalized.	Engineering & Technology (CIPET), National Centre for Sustainable Coastal Management (NCSCM) and National Centre for Coastal Research (NCCR)
_2. _	Source of generation of microplastics including industries, waste management, waste water treatment, ocean activities etc. have been identified. However, exact quantum of microplastics generated from the identified source has not been determined.	CPCB, CIPET/DCPC, NCSCM/MoEFCC, NCCR/MoES, CSIR- IITR and CSIR-NEERI	Points 2-6, 13, 14, 20  Preliminary listing of all points to be monitored.  Proposed SOP for monitoring  Compilation of technologies for microplastic removal  Meeting with stakeholders  Awarding of work  Execution of work
_3. _	Microplastic concentration in transfer media is available for soil/beach sediment, surface water bodies, biota and ocean water. Microplastic concentration for sludge, specifically when it is converted to compost for land application is not available	As above	As above
_4. _	Source monitoring, transfer end use of all possible sources listed in Table 3.1 of the report to be covered. Emphasis to be laid on such areas for which no information is available.	As above	As above
_5. _	Regular monitoring of various water quality parameters to be conducted to provide insight into the presence and concentration of microplastics in	As above	As above

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	environmental matrices (water, sediments, biota)
_6. _	Microplastic leakages and pathways may be monitored in order to identify further sources and hotspots of microplastics.	As above	As above
_7. _	Uniform procedure for sampling & analysis as finalized by this Committee may be adopted for such studies till the time ISO Standards are finalized.	CPCB, CIPET/DCPC, NCSCM/ MoEFCC, NCCR/MoES, CSIR- IITR and CSIR-NEERI	Covered in 1
_8. _	Health impact of emerging contaminants and long term studies are required to establish Cause effect relationship of microplastics on human health	Nodal agency Indian Council of Medical Research- National Institute of Environmental Health Research /DHR, CPCB, CIPET/DCPC, _NCSCM/MoEFCC, _ NCCR/MoES	a compilation of studies on presence of microplastics/ emerging contaminants in human body will be made for chalking out the methodology/ scope of work with respect to studying cause effect relationship for physiological impacts, dose- response assessment etc.
_9. _	Studies conducted on the matter have reported about the presence of microplastics in human body. Physiological or psychological impact has not been reported in these studies.	As above	As above
_10. _	The aforementioned studies should cover different type, concentration and shapes of microplastics. Impact of chemicals/biofilms associated with Microplastics on human health to be covered. The studies may include the following:	As above	As above
	 Estimation of the

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	duration and frequency of human exposure to microplastics. Microplastic monitoring as required may be conducted for the same.  Once the exposure assessment is done precisely, dose- response assessment may be carried out, where the minimum concentration (of microplastics) responsible for any observable effect (on human) shall be assessed.
_11. _	Bioassays may be conducted to assess the Eco-toxicological impact of micro plastics on animal life.	CPCB, CSIR- IITR, CSIR- NEERI	Bioassays to assess CSIR IITR provided list of already available bioassays which can be used to assess the Eco-toxicological impact of micro plastics on animal life on payment basis: 1.Daphnia sp. Acute Immobilisation test (OECD TG 202) 2.Fish, Acute Toxicity Test (OECD TG 203) 3.Earthworm, Acute Toxicity Test (OECD TG 207) 4. Daphnia magna Reproduction Test (OECD TG 211) ¬ 5. Earthworm Reproduction Test (OECD TG 222) 6. Fish early life stage toxicity test (OECD TG 210) 7. Freshwater Alga and Cyanobacteria, Growth Inhibition Test (OECD TG 201) ¬ 8. Avian Acute Oral Toxicity Test (OECD TG 223) 9. Avian Acute dietary Toxicity Test (OECD TG 205)
_12. _	Standards development	CPCB,	Post completion of activities

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	(Source & ambient) for microplastics may be taken up following establishment of the cause-effect relationship of micro plastics on human health	ICMR/DHR	listed in item 2 to 11
_13. _	Available technologies to be assessed for their efficacy for removal of microplastic	CPCB, CIPET/DCPC, NCSCM/ MoEFCC, NCCR/MoES, CSIR- IITR and CSIR-NEERI	Points 2-6, 13, 14, 26 Preliminary listing of all points to be monitored. Proposed SOP for monitoring Compilation of technologies for microplastic removal Meeting with stakeholders Awarding of work Execution of work
_14. _	Technologies to be developed for removal of micro plastics from Air & Soil	As above	As above
_15. _	Source-directed interventions, Sustainable design and manufacturing of textiles, tyres, and complementary products (laundry detergents, road surfaces, and vehicles), to minimize the tendency ofproducts to contribute to microplastics generation;	 Ministry of Textiles,  Department of Promotion and Industry and Internal Trade,  Ministry of Heavy Industries,  Ministry of Road Transport and Highways, Department of Chemicals and Petro- Chemicals	The concerned Ministries/bodies, to consider source directed interventions as per pro- forma, based upon principle sustainable development and scientific evidence on micro plastic releases, and submit comments and action plans, as appropriate. It was noted that the report does not provide data on releases of microplastics form these sectors under Indian conditions.
_16. _	Restrictions on microplastics in the manufacture and sale of certain personal care and	 CDSCO/ Department of Health and Family Welfare	As per information provided by Drug Controller General (India). the Restrictions on the use of microplastics in

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	cosmetic products containing microplastics	 Department of Pharmaceutica ls	the manufacture and sale of certain personal care and cosmetip products are available in Amendment No. 2, November 2017 (Fourth Revision) of IS 4707 Pan 2. 2017 under Classification of Cosmetic Raw Materials and Adjuncts. As per S. No. 1373 of Annex-A, Plastic microbeads: 5 mm or less, water-insoluble, solid plastic particles used to exfoliate or cleanse in rinse- off personal care products are not recognized as safe for use in Cosmetics.
_17. _	Product requirements for household, commercial, or industrial washing machines. For instance, Australia and France have introduced measures to phase in micro fibre filters on new washing machines	Department of Promotion and Industry and Internal Trade	The concerned Ministries/bodies, to consider source directed interventions as per pro- forma, based upon principle sustainable development and scientific evidence on micro plastic releases, and submit comments and action plans, as appropriate. It was noted that the report does not provide data on releases of microplastics form these sectors under Indian conditions.
_18. _	End-of-life interventions, effective solid & plastic waste management practices, to prevent waste leaking into the environment and potentially contributing to microplastics generation including the following;  Reducing the amount of plastic waste that enters landfills and dumpsites through the implementation of waste reduction policies and initiatives, such as wasteto-energy programs and increased recycling.  Microplastics can also be	 Departmentof Drinking Water and Sanitation,  Ministry of Housing and Urban Affairs,  MoEFCC	 Already, the Ministry of Environment, Forest and Climate Change, Government of India, have taken steps for reducing pollution caused by littered and unmanaged plastic waste, along with State Governments, local bodies and Central Pollution Control Board and State Pollution Control Board and Pollution Control Committees.  In order to reduce pollution caused by littered and unmanaged plastic waste, the Ministry has banned identified single useplastic

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reduced by supporting	items which have high
the development and use	littering potential and low
of biodegradable plastic	utility and extended
alternatives	producer responsibility on plastic packaging is being implemented. Identified single use plastic items, which have low utility and high littering potential, have already been
	prohibited, with effect from 1^stJuly, 2022, vide Plastic
	Waste Management
	Amendment Rules, 2021
	notified on 12^thAugust 2021.
	 The Ministry of
	Environment, Forest and
	Climate Change notified
	the Guidelines on Extended
	Producer Responsibility
	(EPR) for plastic packaging
	vide Plastic Waste
	Management (Amendment)
	Rules, 2022, on 16^th
	February 2022. The
	Guidelines stipulate
	mandatory targets on EPR, recycling of plastic packaging waste, reuse of
	rigid plastic packaging and
	use of recycled plastic
	content. The guidelines
	provide for moving towards
	sustainable plastic
	packaging and reducing
	the plastic foot print. The
	implementation of ban on
	identified single use plastic
	items coupled with
	extended producer
	responsibility on plastic
	packaging will reduce
	pollution caused by littered
	and unmanaged plastic waste.
	 The single use plastic ban
	has triggered development
	of innovative eco-

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alternatives, new business
models, increase in the
manufacturing capacity
and uptake of eco-
alternatives, at scale.
Already, Startups and
manufacturers are
manufacturing eco-
alternatives such as
cutlery made bagasse and
rice and wheat bran,
straws made from dried
coconut leaves, straws
made from paper, at scale.
In keeping with the
development of eco-
alternatives, Bureau of
Indian Standard has
notified Indian Standard IS
18267 for Food Serving
Utensil Made from Agri By-
Products. Reduction in the
use of single plastic items
is one of the key focus
areas under Mission LiFE -
Lifestyles For Environment
- launched by Hon’ble PM
at COP 26 of UNFCCC at
Glasgow in 2021.
 The Guidelines for
Extended Producer
Responsibility (EPR) on
plastic packaging were
notified in February 2022
for environmentally sound
management of plastic
packaging till end of its life
by producers, importers
and brandowners, who
introduce the plastic
packaging in the market.
For ease of doing business
the EPR framework is
implemented through a
centralized online portal.
 The Guidelines stipulate
mandatory targets on EPR,
recycling of plastic
packaging waste, reuse of

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rigid plastic packaging and
use of recycled plastic
content. The guidelines
provide steps for moving
towards sustainable
plastic packaging and
reducing the plastic foot
print. The EPR Guidelines
also provide for
sustainable plastic
packaging and
implementation of new
models for waste collection
such as Deposit Refund
System and buy back
model have been given a
boost through the EPR
Guidelines.
 Due to the clear framework
laid down by EPR
Guidelines notified in
February 2022, and on
account of effective
implementation, till date
31401 Producers ,
Importers and Brand
Owners (PIBOs) and 2290
Plastic Waste Processors
(PWPs) have registered on
the centralized EPR portal
developed by CPCB, as
opposed to 300 in 2021.
The cumulative EPR
obligation of registered
PIBOs for the year 2022-23
is around 3.07 million
tonnes for the year 2022-
23, which is a significant
proportion of plastic waste
generated in the country.
 As per the EPR portal
dashboard, EPR
certificates for around 4.6
million tonnes of plastic
packaging waste have
been generated by plastic
waste processors after
processing of plastic
packaging waste, of which,

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already around 3.32
million tonnes of EPR
certificates have been
exchanged with producers,
importer and brand-
owners.
 The following steps have
been taken to strengthen
implementation of Plastic
Waste Management Rules,
2016 and to implement
ban on identified single use plastic items:
(i) All thirty-six States/UTs
have constituted the Special
Task Force under the
chairpersonship of the Chief
Secretary/Administrator for
elimination of identified
single use plastic items and
effective plastic waste
management. A National
Level Taskforce has also
been constituted by the
Ministry for taking
coordinated efforts to
eliminate identified single
use plastic items and
effective implementation of
Plastic Waste Management
Rules, 2016. Four meetings
of the National Task Force
have been held.
(ii) Twenty-Four State /UT
Governments and concerned
Central Ministries/
Departments have already
developed a comprehensive
action plan for elimination of
single use plastic and
implement it in a time bound
manner.
(iii) Directions have been
issued under Section 5 of the
Environment (Protection) Act
, 1986 for setting up of
institutional mechanism for
enforcement of provisions of
Plastic Waste Management

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Rules, 2016 to all State
Pollution Control Boards/
Pollution Control
Committees. Directions have
also been issued to
Ecommerce companies,
leading single use plastic
sellers/users, and plastic
raw material manufacturers
with respect to phasing out
of identified single use
plastic items. Separately,
custom authorities have
been asked to stop the
import of banned SUP items
(iv) For effective monitoring
of ban on identified single
use plastic items and plastic
waste management in the
country the following online
platforms are in operation (a)
National Dashboard on for
monitoring of comprehensive
action plan implementation,
(b) CPCB Monitoring Module
for Compliance on
Elimination of Single Use
Plastic, and (c) CPCB
Grievance Redressal App.
(v) Regular enforcement
drives have been
undertaken by CPCB,
SPCBs/PCCs to implement
ban on identified single use
plastic items and on plastic
carry bags having thickness
less than one hundred
twenty microns.
(vi) In order to provide
assistance to MSME
enterprises transitioning
away from single use plastic
items to ecoalternatives,
Ministry of Micro, Small and
Medium Enterprises has
made provisions in their
ongoing schemes. A National
Expo on eco-alternatives to
banned single use plastics
items and Conference of

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			Startups - 2022 was organized jointly with Government of Tamil Nadu in Chennai on 26-27th September 2022 to raise awareness on alternatives. Awareness generation and capacity building programmes have been organized for elimination of single use plastics.
_19. _	End-of-pipe interventions, wastewater, stormwater, and road runoff management and treatment, to retain the emitted microplastics before these reach water bodies.	 Department of Water Resources, River development and Ganga Rejuvenation,  Department of Drinking Water and Sanitation  Ministry of Housing and Urban Affairs
_20. _	Maximizing clean drinking water supply to all citizens in the country	Department of Drinking Water and Sanitation	Central Government is implementing Jal Jeevan Mission.
_21. _	Other Best practices as listed below for minimizing microplastics in environment may be followed: Install physical barriers such as screens and filters on STP/WWTP systems to help reduce the amount of microplastics that enter rivers, lakes, and oceans.	 Department of Drinking Water and Sanitation,  Ministry of Housing and Urban Affairs.  Department of Water Resources, River development	MoEFCC has included the activity of putting barriers for stopping ingress of plastic waste into water bodies under the template of Comprehensive action plan shared with states and UTs for effective plastic waste management and elimination of single use plastics

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		and Ganga Rejuvenation,
_22. _	Support sustainable fishing practices to reduce the amount of microplastic entering rivers from fishing equipment.	 Department of Fisheries
_23. _	Implementation of Clean-up efforts for beaches and rivers	Ministry of Earth Science and MoEFCC, NCC	Pan India beach clean up activities have been carried out at more than 150 beaches since 2017 and to be continued through the adoption of beaches by local institutions/universities/ colleges/NGOs/agencies for regular clean up and monitoring. Swachh Sagar Surakhshit Sagar and Puneet Sagar Campaign has been undertaken.
_24. _	Training and capacity building including microplastic monitoring, analysis, health impact studies may be taken up for effective implementation of aforementioned points.”	CPCB, DCPC/CIPET, MoEFCC/ NCSCM, MoES/NCCR	Short term and long term trainings to be implemented by NCSCM. MoES – Workshop has been planned in February 2024 to provide detailed training on sampling and analysis of microplastics to various stakeholders. Several dissertation students/research scholars have been trained in microplastic analysis. CPCB will also provide training as per training schedule.

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We find that the Action Plan though ex-facie appears to be quite detailed but there is no timeline provided therein, as to how the concerned departments are required to proceed in a prescribed time frame so as to achieve objective and purpose, for which Action Plan has been prepared. Further, we do not find time-bound approach to bring out source-based and ambient standards for Microplastics and

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subsequently their regulation and enforcement. Further, the Action Plan should have periodic monitoring mechanism.

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We, for the time being, accept the above Action Plan submitted by MoEF&CC and direct that the concerned departments as given in Action Plan shall take steps for execution of the said Action Plan and would endeavor to achieve the objective within six months from today. Secretary, MoEF&CC will monitor the progress of Action Plan and resolve the inter-Ministerial issues, if any.

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The concerned departments shall submit Progress/Compliance Report as per Action Plan with MoEF&CC within 15 days after expiry of six months from today.

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Thereafter, MoEF&CC shall collect all the Reports, prepare a comprehensive Report and submit the Report with Registrar General of this Tribunal within next one month i.e., by 15.09.2024 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

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Registrar General, if finds necessary, shall place the matter before Tribunal for consideration and further orders.

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17. With the above directions, this OA is disposed of.

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Sudhir Agarwal, JM

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January 31, 2024 Original Application No. 251/2022 R

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News Item Published in the Hindu Dated 29TH March 2022 Titled Detecting Microplastics in Human Blood vs

Case brief

What is this about?

What did the court decide?

News Item Published in the Hindu Dated 29TH March 2022 Titled Detecting Microplastics in Human Blood vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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