Environmentalists across the country are optimistic that implementing the Sustainable Waste Management (Extended Producer Responsibility or EPR) Regulations, 2024, will promote environmental sustainability and reduce waste in the country.
The regulations were officially gazetted on November 4, 2024, providing producers and brand owners with a six-month grace period to ensure compliance.
The primary objective of these regulations is to hold producers and brand owners accountable for the waste generated by their products.
The National Environment Management Authority (NEMA) has emphasized that these regulations are rooted in the Extended Producer Responsibility (EPR) policy. The policy places the onus on producers to manage their products throughout their entire life cycle, including the post-consumer stage. By adopting this approach, producers are encouraged to develop more sustainable product designs, eco-friendly packaging, and implement effective waste management practices from generation to treatment.
The regulations require producers and brand owners to develop a comprehensive EPR plan that will capture national targets for reuse, recycling or recovery operations and end-of-life management as well as an eco-design standard operating procedure. Producers should also embrace circular economy initiatives and measures that reduce the impact of their products on health and the environment.
Products subject to EPR compliance are those that produce waste that negatively impact the environment, human and animal health due to the challenge they pose on reuse, recyclability, and recoverability; and high management cost of the products at the post-consumer stage because of the quantities involved, hazardous nature, and risks involved.
The regulations outline a list of products and packaging that are subject to EPR compliance schemes and the fees they attract per item. They include packaging for non-hazardous products, packaging for hazardous products, electrical and electronic equipment, mercury auto switches, thermostats, battery and accumulators, end-of-life motor vehicles, and non-packaging items such as rubber, sanitary towels, and diapers.
Producers are required to register for certification with NEMA and set up either an individual or collective compliance scheme, which is also supposed to be registered. Importers are also obliged to apply to NEMA for an EPR certificate at the point of import, which shall form part of the mandatory clearance and inspection documentation. The Regulations also outline critical producer obligations, which include, developing a four year EPR plan; designing products and packaging materials that minimise waste, facilitate reuse, recycling, recovery and use of secondary raw materials where possible and are environmentally friendly at their end of life; to enhance environmental sustainability by carrying out product life cycle assessments; taking financial, organizational and physical responsibility for the management, treatment and disposal of their post-consumer products and end-of-life treatment for waste; and submitting annual reports to NEMA
