MoEF Clearance For Hazardous Waste Export From India
The Ministry of Environment, Forest and Climate Change (MoEFCC) is the authority responsible for granting clearance for export of hazardous waste in India. The clearance is granted under the provisions of the Basel Convention, the international treaty regulating the transboundary movement of hazardous waste.
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About the Ministry of Environment, Forest and Climate Change (MoEFCC)
In accordance with the provisions of Hazardous Waste Management laws, the Ministry of Environment, Forest, and Climate Change (MoEFCC) serves as the nodal ministry for dealing with the transboundary movement of hazardous and other wastes. Every industry generates a significant amount of waste which is naturally released into the environment. All waste products discarded improperly may harm the natural essence of the environment. Among these wastes, there are a few classes categorized into those that can be lethal and pose a large threat to the safety of all living beings’ health as well as the environment. Such waste generated is known as Hazardous Waste. The country further follows completely separate legislation for the proper disposal and management of hazardous waste.
The Union Government established the MoEFCC to assess the impacts of things that can cause a threat to social health and factors leading to environmental pollution. As per the regulations of the Ministry, certain industrial and developmental undertakings need to undergo evaluation in order to receive environmental approval from the Central government. They include Hazardous Waste and in order to process imports and export regarding them, permission is required from the ministry. Anyone involved in the business needs to obtain clearance from the MoEFCC.
Why is a MoEFCC Registration Needed?
Hazardous Waste Management requires a strict check while collecting, handling, and disposing of waste that, if handled carelessly, can seriously harm the environment or human health and safety. Hazardous wastes are typically produced by chemical production, manufacturing, and other industrial activities. They can be solids, liquids, sludges, or enclosed gases. Inadequate operations for storage, transportation, treatment, or disposal could result in damage. Improper handling, storage, or disposal of hazardous material frequently causes harmful water pollution by contaminating groundwater and surface water supplies. It can also cause hazardous land contamination. Also, houses that are built next to old and abandoned garbage disposal facilities may put residents at risk. Hence the Government strictly controls the process of managing hazardous wastes in an effort to address current issues and avoid future harm.
The MoEFCC has been vested with granting such clearance and without it, the transboundary movement of Hazardous Waste is not permitted.
What is the Procedure for the Export of hazardous Waste?
- Any occupier intending to export waste listed in Part A of Schedule III, Part B of Schedule III, or Schedule VI must submit an application in Form 5 to the Ministry of Environment, Forest and Climate Change (MOEF) along with proof of insurance, for the proposed transboundary movement of hazardous and other wastes, as well as the importing country's prior informed consent in writing.
- The Ministry of Environment, Forest and Climate Change (MOEF), upon receipt of an application under sub-rule (1), may grant permission for the proposed export within sixty days of receipt of the complete application and may enforce any conditions it feels applicable.
- To ensure compliance with the conditions of the export permit, the Ministry of Environment, Forest and Climate Change (MOEF) shall forward a copy of the permission granted under sub-rule (2) to the State Pollution Control Board of the State where the waste is produced, the Pollution Control Board of the State where the port of export is located, and the concerned Port and Customs authorities.
- Wherever possible, the exporter must ensure that no consignment is shipped before receiving prior informed consent from the importing government.
- The exporter must also make sure the current shipment is accompanied by a Form 6 movement paper.
- The exporter of hazardous and other wastes must keep records in Form 3 of the hazardous and other wastes he has shipped, and the records must be available for inspection.
- The Ministry of Environment, Forest, and Climate Change shall review the application upon receipt of the complete application with respect to Parts A and B of Schedule III, taking into consideration any comments and observations, if any, from the State Pollution Control Boards, and may grant permission for import within a period of 60 (sixty) days subject to the condition that the importer has
- environmentally sound facilities;
- adequate arrangements for treatment;
- To ensure compliance with their respective responsibilities outlined in Schedule VII, the concerned State Pollution Control Board, Central Pollution Control Board, and Port and Customs authorities must receive a copy of the license from the Ministry of Environment, Forest, and Climate Change.
What are the Documents required for an MoEFCC Clearance?
- An Import-Export Code (IEC)
- DGFT
- A test certificate from an authorized laboratory
- The PAN card belonging to the unit
- Pan Card and UID of Authorized Person
- Details relating to GST
- The MoA and the AoA of the organization or if applicable, a partnership deed
- Consent to Establish/Operate of Unit
- Authorization of unit
- Photograph and video of running plant
- Form 5 of Hazardous and Waste Rules,2016.
- Justification for export.
- A valid authorization was issued in accordance with the 2016 Hazardous and Other Waste Rules.
- Composition analyses of laboratory waste that are recognized by the Environment (Protection) Act of 1986
- Insurance coverage for environmental and health risks while travelling acknowledging receipt of a copy of the application from the relevant State Pollution Control Board (SPCB) or Pollution Control Committee (PCC)
- Document showing the employment generation status and the number of beneficiaries.
- A copy of the importer-exporter/buyer-seller agreement
- A copy of the most recent permission granted by this Ministry.
What is Considered Hazardous Waste?
| S. No. | Units | Type of Hazardous Waste |
| 1 | Petrochemical processes and pyrolytic operations | 1.1 Furnace or reactor residue and debris 1.2 Tarry residues and still bottoms from distillation. 1.3 Oily sludge emulsion 1.4 Organic residues 1.5 Residues from alkali wash of fuels. 1.6 Spent catalyst and molecular sieves 1.7 Oil from wastewater treatment |
| 2 | Crude oil and natural gas production | 2.1 Drill cuttings excluding those from water-based mud 2.2 Sludge containing oil 2.3 Drilling mud containing oil |
| 3 | Cleaning, emptying and maintenance of petroleum oil storage tanks including ships | 3.1 cargo residue, washing water and sludge containing oil 3.2 cargo residue and sludge containing chemicals 3.3 Sludge and filters contaminated with oil 3.4 Ballast water containing oil from ships |
| 4 | Petroleum refining or reprocessing of used oil or recycling of waste oil | 4.1 Oil sludge or emulsion 4.2 Spent catalyst 4.3 Slop oil 4.4 Organic residue from processes 4.5 Spent clay containing oil |
| 5 | Industrial operations using mineral or synthetic oil as lubricant in hydraulic systems or other applications | 5.1 Used or spent oil 5.2 Wastes or residues containing oil 5.3 Waste-cutting oils |
| 6 | Secondary production and/or industrial use of zinc | 6.1 Sludge and filter press cake arising out of a production of Zinc Sulphate and other Zinc Compounds. 6.2 Zinc fines or dust or ash or skimming in dispersible form 6.3 Other residues from the processing of zinc ash or skimming 6.4 Flue gas dust and other particulates |
| 7 | Primary production of zinc or lead or copper and other non-ferrous metals except aluminium. | 7.1 Flue gas dust from roasting 7.2 Process residues 7.3 Arsenic-bearing sludge 7.4 Non-ferrous metal bearing sludge and residue. 7.5 Sludge from scrubbers |
| 8 | Secondary production of copper | 8.1 Spent electrolytic solutions 8.2 Sludge and filter cakes 8.3 Flue gas dust and other particulates |
| 9 | Secondary production of lead | 9.1 Lead-bearing residues 9.2 Lead ash or particulate from flue gas 9.3 Acid from used batteries |
| 10 | Production and/or industrial use of cadmium and arsenic and their compounds | 10.1 Residues containing cadmium and arsenic |
| 11 | Production of primary and secondary aluminium | 11.1 Sludges from off-gas treatment 11.2 Cathode residues including pot lining wastes 11.3 Tar-containing wastes 11.4 Flue gas dust and other particulates 11.5 Drosses and waste from the treatment of salt sludge |
| 12 | Metal surface treatment, such as etching, staining, polishing, galvanizing, cleaning, degreasing, plating, etc. | 12.1 Acidic and alkaline residues 12.2 Spent acid and alkali 12.3 Spent bath and sludge containing sulphide, cyanide and toxic metals 12.4 Sludge from a bath containing organic solvents 12.5 Phosphate sludge 12.6 Sludge from staining bath 12.7 Copper etching residues 12.8 Plating metal sludge |
| 13 | Production of iron and steel including other ferrous alloys (electric furnace; steel rolling and finishing mills; Coke oven and by-products plant) | 13.1 Spent pickling liquor 13.2 Sludge from the acid recovery unit 13.3 Benzol acid sludge 13.4 Decanter tank tar sludge 13.5 Tar storage tank residue 13.6 Residues from Coke oven by-product plant. |
| 14 | Hardening of steel | 14.1 Cyanide-, nitrate-, or nitrite-containing sludge 14.2 Spent hardening salt |
| 15 | Production of asbestos or asbestos-containing materials | 15.1 Asbestos-containing residues 15.2 Discarded asbestos 15.3 Dust or particulates from exhaust gas treatment. |
| 16 | Production of caustic soda and chlorine | 16.1 Mercury-bearing sludge generated from mercury cell process 16.2 Residue or sludges and filter cakes 16.3 Brine sludge |
| 17 | Production of mineral acids | 17.1 Process acidic residue, filter cake, dust 17.2 Spent catalyst |
| 18 | Production of nitrogenous and complex fertilizers | 18.1 Spent catalyst 18.2 Carbon residue 18.3 Sludge or residue containing arsenic 18.4 Chromium sludge from the water cooling tower |
| 19 | Production of phenol | 19.1 Residue or sludge containing phenol 19.2 Spent catalyst |
| 20 | Production and/or industrial use of solvents | 20.1 Contaminated aromatic, aliphatic or naphthenic solvents may or may not be fit for reuse. 20.2 Spent solvents 20.3 Distillation residues 20.4 Process Sludge |
| 21 | Production and/or industrial use of paints, pigments, lacquers, varnishes and inks | 21.1 Process wastes, residues and sludges 21.2 Spent solvent |
| 22 | Production of plastics | 22.1 Spent catalysts 22.2 Process residues |
| 23 | Production and /or industrial use of glues, organic cement, adhesives and resins | 23.1 Wastes or residues (not made with vegetable or animal materials) |
| 24 | Production of canvas and textiles | 24.1 Chemical residues |
| 25 | Industrial production and formulation of wood preservatives | 25.1 Chemical residues 25.2 Residues from wood alkali bath |
| 26 | Production or industrial use of synthetic dyes, dye intermediates and pigments | 26.1 Process waste sludge/residues containing acid, toxic metals, organic compounds 26.2 Dust from the air filtration system 26.3 Spent acid 26.4 Spent solvent 26.5 Spent catalyst |
| 27 | Production of organic-silicone compound | 27.1 Process residues |
| 28 | Production/formulation of drugs/pharmaceutical and health care product | 28.1 Process Residue and wastes 28.2 Spent catalyst 28.3 Spent carbon 28.4 Off-specification products 28.5 Date-expired products 28.6 Spent solvents |
| 29 | Production, and formulation of pesticides including stockpiles. | 29.1 Process wastes or residues 29.2 Sludge containing residual pesticides 29.3 Date-expired and off-specification pesticides 29.4 Spent solvents 29.5 Spent catalysts 29.6 Spent acids |
| 30 | Leather tanneries. | 30.1 Chromium-bearing residue and sludge |
| 31 | Electronic Industry. | 31.1 Process residue and wastes 31.2 Spent etching chemicals and solvents |
| 32 | Pulp and Paper Industry. | 32.1 Spent chemicals 32.2 Corrosive wastes arising from the use of strong acids and bases 32.3 Process sludge containing absorbable organic halides (AOX) |
| 33 | Handling hazardous chemicals and wastes. | 33.1 Empty barrels/containers/liners contaminated with hazardous chemicals /wastes 33.2 Contaminated cotton rags or other cleaning materials |
| 34 | De-contamination of barrels/containers used for handling hazardous wastes/chemicals. | 34.1 Chemical-containing residue arising from decontamination. 34.2 Sludge from the treatment of wastewater arising out of cleaning/disposal of barrels/containers |
| 35 | Purification and treatment of exhaust air/gases, water and wastewater from the processes in this schedule and common industrial effluent treatment plants (CETPs) | 35.1 Exhaust Air or Gas cleaning residue 35.2 Spent ion exchange resin containing toxic metals 35.3 Chemical sludge from wastewater treatment 35.4 Oil and grease skimming 35.5 Chromium sludge from cooling water |
| 36 | Purification process for organic compounds/solvents. | 36.1 Any process or distillation residue 36.2 Spent Carbon or filter medium |
| 37 | Hazardous 0waste processes, e.g. pre-treatment processing, incineration and concentration. | 37.1 Sludge from wet scrubbers 37.2 Ash from the incinerator and flue gas cleaning residue 37.3 Concentration or evaporation residues |
| 38 | Chemical processing of Ores containing heavy metals such as Chromium, Manganese, Nickel, Cadmium etc. | 38.1 Process residues 38.2 Spent acid |
General Guidelines on the Export of Hazardous Wastes
The export and import of hazardous or other wastes from and into India, respectively shall be deemed illegal, if, -
- It is without permission of the Central Government in accordance with these rules.
- The permission has been obtained through falsification, misrepresentation, or fraud.
- It does not conform to the shipping details provided in the movement documents
- It results in deliberate disposal (i.e., dumping) of hazardous or other waste in contravention of the Basel Convention and of general principles of international or domestic law.
Hazardous or other waste that has been illegally imported into India must be re-exported by the importer at his expense within 90 days of the date of entry, and the competent port and customs authority will guarantee that this is done. If the Port and Customs authorities need to dispose of this material, they must do so in line with these regulations and with the approval of the Pollution Control Board of the State where the Port is located.
When hazardous or other waste is exported illegally and the importer cannot be identified, the customs authority may sell the waste to any user who has authorization under these rules from the relevant State Pollution Control Board or may send it to an authorized treatment, storage, and disposal facility.
Details for Renewal of License
Requesting an extension of prior permissions previously granted by this Ministry:
Send the prior authorization, a verified rationale for the extension, and information about imports and exports made in accordance with the authorization in hard copy to this Ministry in the case of used electrical and electronic equipment.
Send the previous authorization, information on imports made in accordance with the prior authorization, a valid CTO, and an authorization in hard copy to this Ministry in the case of tyre scrap, lead scrap, and other wastes.
- Name and address of the unit and location of facility:
- Name of the occupier of the facility or operator of disposal facility with designation, Tel, Fax and e-mail:
- Authorisation required for:
- Generation
- Collection
- Storage
- Transportation
- Reception
- Reuse
- Recycling
- Recovery
- Pre-processing
- Co-processing
- Utilisation
- Treatment
- Disposal
- Incineration
- In case of renewal of authorisation previous authorisation numbers and dates and provide copies of annual returns of the last three years including the compliance reports with respect to the conditions of Prior Environmental Clearance, wherever applicable:
- Nature and quantity of waste handled per annum (in metric tonne or kilo litre)
- Nature and quantity of waste stored at any time (in metric tonne or kilo litre)
- Year of commissioning and commencement of production:
- Whether the industry works:
- 01 Shift
- 02 Shifts
- Round the clock
Provide a copy of the Emergency Response Plan (ERP) which should address procedures for dealing with emergency situations (viz. Spillage or release or fire) as specified in the guidelines of the Central Pollution Control Board. Such ERP shall comprise the following, but not limited to:
- Containing and controlling incidents so as to minimise the effects and limit the danger to the persons, environment and property;
- Implementing the measures necessary to protect persons and the environment;
- Description of the actions which should be taken to control the conditions at events and to limit their consequences, including a description of the safety equipment and resources available;
- Arrangements for training staff in the duties which they are expected to perform.
What Are The Hazardous Wastes Not Permitted for Export?
| S. No. | Basel No. | Description Of Hazardous Wastes |
| 1 | A 1010 | Mercury-Containing Sludge |
| 2 | A 1030 | Mercury-Containing Waste: Mercury Compounds That Are Pollutants Or Components |
| 3 | A 1010 | Beryllium-Containing Sludge |
| 4 | A 1020 | Beryllium-Containing Waste: Contaminants Or Constituents Of The Compound Beryllium |
| 5 | A 1010 | Wastes Containing Arsenic |
| 6 | A 1030 | Waste Containing Arsenic: Impurities Or Components Of Arsenic Compounds |
| 7 | A 1010 | Selenium-Containing Sludge |
| 8 | A 1020 | Waste Containing Selenium Or Pollutants That Contain Selenium Compounds |
| 9 | A 1010 | Thorium-Containing Waste |
| 10 | A 1030 | Waste Containing Thorium; Pollutants That Contain Thorium Compounds |
| 11 | A 1040 | Waste-Containing Hexavalent Chromium Compounds |
| 12 | A 1140 | Waste Copper Cyanide And Cupric Chloride Catalysts That Transport Waste |
| 13 | A 1190 | Waste Metal Cable That Has Been Coated Or Insulated With Plastics That Have Been Tainted With Coal Tar, Pcbs, Lead, Cadmium, Other Organ Halogen Compounds, Or Other Materials Listed In Schedule 2 Up To The Concentration Limits Therein. |
| 14 | A 2040 | Liquid Or Sludge-Based Waste Inorganic Fluorine Compounds, With The Exception Of Calcium Fluoride Sludge. |
| 15 | A 2040 | Gypsum Waste Produced By Chemical Industry Procedures That Contains Any Of The Schedule 2 Elements To The Degree That Concentration Restrictions Therein Are Present. |
| 16 | A 2050 | Asbestos Waste (Dust And Fibres) |
| 17 | A 3030 | Waste That Contains Or Is Polluted With Leaded Gasoline (Gasoline) Or Leaded Anti-Knock Compound Sludge. |
| 18 | A 3040 | Fluids Used In Waste Thermal (Heat Transfer). |
| 19 | A 3060 | Nitrocellulose Waste |
| 20 | A 3090 | Waste Leather Dust, Ash, Sludge, Or Flours When They Contain Biocides Or Chemicals With Hexavalent Chromium. |
| 21 | A 3100 | Waste Paring And Other Leather Composition Wastes That Contain Biocides And Hexavalent Chromium Compounds Are Unsuitable For Leather Article Manufacturers. |
| 22 | A 3110 | Waters From Fellmongeries That Include Biocides, Hexavalent Chromium Compounds, Or Pathogenic Agents. |
| 23 | A 3150 | Organic Solvents Containing Halogens |
| 24 | A 3180 | Waste Substances And Articles Containing, Consisting Of Or Contaminated With Polychlorinated Biphenyls (PCB) And/ Or Polychlorinated Biphenyls Terphenyls, (PCT) And/Or Polychlorinated Naphthalene’s (PCN) And/ Or Polybrominated Biphenyl’s (PBB) Or Any Other Polybrominated Analogues Of These Compounds. |
| 25 | A 3190 | Waste Tarry Residues From The Distillation, Pyrolysis, And Refinement Of Organic Compounds, Excluding Asphalt Cements. |
| 26 | A 4020 | Wastes Resulting From Medical, Nursing, Dental, Veterinary, Or Other Comparable Procedures As Well As Wastes Produced In Hospitals Or Other Facilities During Patient Investigations, Patient Treatment, Or Research Initiatives Are Referred To As Clinical And Related Wastes. |
| 27 | A 4030 | Waste From The Production, Formulation And Use Of Biocides And Phyto-Pharmaceuticals, Including Waste Pesticides And Herbicides Which Are Off-Specification, Out-Dated, And/Or Unfit For Their Originally Intended Use. |
| 28 | A 4050 | Waste That Includes, Consists Of, Or Is Polluted By Any Of The Things Listed Below; Except For Solid, Precious Metal-Bearing Residues That Contain Traces Of Inorganic Cyanides, Inorganic Cyanides. Natural Cyanides. |
| 29 | A 4060 | Waste Oil/Water, Hydrocarbon/Water Emulsions, And Mixes Thereof |
| 30 | A 4110 |
Wastes That Contain, Consist Of Or Are Contaminated With Any Of The Following:
|
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