The Central Pollution Control Board (CPCB) has issued a series of stringent directions to State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs) regarding widespread non-compliance with Plastic Waste Management (PWM) Rules, particularly concerning Extended Producer Responsibility (EPR) certificates. The CPCB is taking decisive action to address the issue of fraudulent EPR certificates and ensure proper processing of plastic waste.
The CPCB has been investigating reports of fake EPR certificates, including concerns raised by the National Green Tribunal (NGT) regarding potentially fraudulent certificates.
Previous directives were issued to SPCBs/PCCs to improve registration, monitoring, and enforcement of PWM Rules and EPR guidelines. These directives included re-checking processing facilities, monitoring EPR certificate generation, and taking action against defaulting Plastic Waste Processors (PWPs).
CPCB developed an audit app and SOP for auditing registered PWPs. Despite these efforts, compliance remains a significant concern.
New Directions Issued
Given the continued non-compliance and the urgency of the situation, the CPCB has issued further directions under Section 5 of the Environment (Protection) Act, 1986. These directions focus on ensuring the authenticity of EPR certificates and taking strong action against non-compliant PWPs.
- Explanation for Lack of Action: SPCBs/PCCs must explain why they have not submitted Action Taken Reports (ATRs) regarding previous CPCB directions.
- Action Against Defaulting PWPs: SPCBs/PCCs must take action against defaulting PWPs based on audit reports.
- Levying Environmental Compensation (EC): Proportionate EC must be levied for various non-compliances, including:
- Discrepancies between registered and actual plant machinery.
- Missing or improper GST e-invoices for finished product sales.
- Actual processing capacity lower than registered capacity.
- Power consumption lower than expected.
- EC waiver up to 20% may be considered for capacity/power discrepancies and non-uploading of GST e-invoices (if manual GST invoices are in order and the PWP registers on the GST portal within 15 days, and other conditions related to plant, machinery and processing capacity are met).
- Mandatory GST E-Invoices: SPCBs/PCCs must ensure all PWPs upload GST e-invoices for plastic packaging transactions. Consent renewals should be conditional on GST portal registration for e-invoice generation.
Reporting Requirements
SPCBs/PCCs are directed to take immediate action and submit an ATR to the CPCB by January 29, 2025. The report must include unit-wise details of non-compliant EPR certificates, EC levied, and the status of consent suspension/revocation, including periods of debarment from the EPR framework.
