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MoEF Clearance for Hazardous Waste Import in India
The Ministry of Environment, Forest and Climate Change (MoEFCC) is responsible for granting clearance for the import of hazardous waste in India. The MoEFCC then makes a final decision on whether to grant clearance for the import of hazardous waste.
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Ministry of Environment, Forest and Climate Change - An Overview
The Ministry of Environment, Forest and Climate Change (MoEF & CC) of India is an integral department of the Central Government and the apex body that controls and forms regulations regarding the preservation of flora and fauna along with formulating provisions regarding the preservation of the environment and reducing the causes and effects of pollution. There exist substances that are put into commercial use. Such substances are not environment friendly and upon improper disposal lead to the emission of pollutants that would be toxic to the health of living beings. It may pose a heavy threat to marine life if any such waste is discharged into the water. Further if released into the air or land, may cause extensive air and land pollution. No matter how useful they are, substances that produce and emit such waste as known as Hazardous Waste require special care while being handled and most importantly while being disposed of.
The Ministry's central hub for managing hazardous substances and chemical emergencies is the Hazardous Substances Management Division (HSMD). The Division's primary goal is to encourage the safe handling and disposal of hazardous materials, such as hazardous chemicals and hazardous wastes, in order to protect human health and the environment.
The Ministry hereby lays down provisions related to the use of Hazardous Waste in India. If Hazardous Substances need to be imported or exported, in and from India, they require separate consent for the same. No such waste can be imported into the country without prior permission. A separate procedure is needed to be followed for any kind of movement of such items. It is a well-known concept known as EPR where it is the ultimate responsibility of a producer from the start to end of a product, to ensure that their unit is not the cause of any pollution.
What is the Classification of Hazardous Waste?
The substances listed as Hazardous Waste may vary as per different states in the Country. Following is an extensive list of substances that are classified as waste effluents.
- Substances that can be imported and need prior consent
| Basel No. | Hazardous Waste Description |
| AI | Wastes containing metal and metals |
| A1010 | Metal wastes and waste consisting of alloys of any of the following |
| A1020 |
Waste including any of the following as ingredients or pollutants, excluding metal wastes in massive form as mentioned in B1020:
|
| A1040 | Materials that include metal carbonyls |
| A1050 | Galvanic mud |
| A1060 | Wasted alcoholic beverages are used for metal pickling. |
| A1070 | Leaching byproducts of the production of zinc, dust, and sludges containing jarosite and hematite, etc. |
| A1080 | Waste zinc residues that are not listed on List B but contain lead and cadmium at levels high enough to display the danger characteristics listed in Part C of Schedule 3 |
| A1090 | Ashes left over from burning insulated copper wire |
| A1100 | Dust and leftovers from copper smelters' gas cleaning systems. |
| A1110 | Spent electrolytic solutions from processes such as electrowinning and electrorefining for copper |
| A1120 | Waste sludges from electrolytic purification systems used in copper electrorefining and electrowinning processes, omitting anode slimes. |
| A1130 | Spent copper-containing etching solutions. |
| A1150 | Printed circuit board ash containing precious metals but not on list B |
| A1160 | Crushed or entire used lead acid batteries. |
| A1170 | List B battery mixes are not included in unsorted waste batteries. |
| A1180 | Electrical and electronic machinery or scrap that includes parts like accumulators and other List A batteries, mercury switches, activated glass from cathode ray tubes and other activated glass, PCB-capacitors, or is contaminated with Schedule 2 substances to the point where it exhibits the hazard characteristics listed in Part C. |
| A2 | Wastes are primarily made up of inorganic components but also include metals and biological ingredients |
| A2010 | Cathode ray tube culets and various types of active glasses |
| A2030 | Waste catalysts, but excluding those wastes included on Schedule 3's List B. |
| A3 | Wastes are primarily made up of organic components but also comprise metals and inorganic compounds |
| A3010 | Coke and bitumen byproducts from the manufacture or processing |
| A3020 | Waste mineral oils that cannot be used for what they were meant for. |
| A3050 | Wastes resulting from the manufacture, usage, and formulation of resins, latex, plasticizers, and glues/adhesives, excluding those wastes included in List B. (B4020) |
| A3070 | Liquid or solid waste phenol, phenol compounds, including chlorophenol |
| A3080 | Waste ethers that are not listed in List B |
| A3120 | Fluff: the light remnant after shredding |
| A3130 | Organic phosphorus waste substances |
| A3140 | Non-halogenated organic solvent waste, but not the kinds of trash listed in List B. |
| A3160 | Waste non-aqueous distillation wastes from operations to recover organic solvents, whether they are halogenated or not. |
| A3170 | Waste products from the halogenation of aliphatic hydrocarbons (such as chloromethanes, dichloroethane, vinyl chloride, vinylidene chloride, allyl chloride, and epichlorohydrin) |
| A4 | Wastes that could include inorganic or organic components |
| A4010 | Wastes from the manufacture, handling, and use of pharmaceutical items, with the exception of those listed on List B. |
| A4040 | wastes produced during the creation, formulation, and usage of wood preservation agents |
| A4070 | Waste from the creation, formulation, and use of paints, lacquers, varnishes, inks, dyes, pigments, and other products not listed in List B (B4010) |
| A4080 | Explosive wastes, but not the explosive wastes listed on List B |
| A4090 | Those waste acidic or basic solutions not listed in List B (B2120) |
| A4100 | Industrial pollution control device wastes, excluding those wastes listed on List B, used to clean up industrial off-gases |
| A4120 | Wastes that are polluted with peroxides or that contain peroxides. |
| A4130 | Waste containers, packages, and other items that contain any of the substances listed in Schedule 2 to the extent of the concentration restrictions therein. |
| A4140 | Waste made up of or containing out-of-date or unapproved compounds that contain any of the constituents listed in Schedule 2 to the maximum concentrations allowed therein. |
| A4150 | Waste chemicals from research and development or educational operations that have not yet been discovered, are novel and have unknown effects on the environment or on human health |
| A4160 | The List B does not include spent activated carbon (B2060) |
- Substances eligible for Import but do not need prior Consent
| Basel No. | Description of Wastes |
| B1 | Wastes containing metal and metals |
| B1010 |
Metal and metal-alloy wastes in the metallic, non-dispersible form: Nickel, Precious metals such as gold, silver, and platinum; Iron and steel, Aluminum, Zinc, Tin, Tungsten, Molybdenum, Tantalum, Cobalt, Bismuth, Titanium, Zirconium, Manganese, Germanium, Vanadium, Hafnium, Indium, Niobium, Rhenium, Gallium, Magnesium, Copper, Thorium, Rare earth, Chromium Scraps |
| B1020 | Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plates, beams, rods, etc.), of: |
| Antimony scrap, Cadmium scrap, Lead scrap (excluding lead acid batteries, - Tellurium scrap | |
| B1030 | Refractory metals with leftovers |
| B1031 | Metal wastes made of molybdenum, tungsten, titanium, tantalum, niobium, and rhenium, as well as their alloys, except for the wastes listed in list A under entry A1050 and galvanic sludges. |
| B1040 | Scrap electrical power generation assemblies that have not been hazardously contaminated with lubricating oil, PCBs, or PCT |
| B1050 | Mixed non-ferrous metal, heavy fraction scrap that doesn't contain any of the components listed in Schedule 2 beyond the concentration limits allowed by that schedule |
| B1060 | Waste metallic elements such as powder containing selenium and tellurium |
| B1070 | Disposable waste made of copper and copper alloys, unless they contain any of the components listed in Schedule 2 to the maximum concentrations allowed there. |
| B1080 | Zinc ash and residues, including residues from zinc alloys, in dispersible form, unless they also contain any of the substances listed in Schedule 2 within the concentration ranges allowed by that schedule. |
| B1090 | Waste batteries conform to a standard battery specification, excluding those made with lead, cadmium, or mercury. |
| B1100 |
Metal-bearing byproducts of metal melting, smelting, and refining:
|
| B1110 |
Assemblies for electronics and electricity Electronic components made entirely of metals or metal alloys Waste electrical and electronic assemblies scrap (including printed circuit boards) that do not contain, or from which have been removed, components like accumulators and other batteries on list A, mercury switches, glass from cathode ray tubes and other activated glass, and PCB-capacitors, or that are not contaminated with constituents like cadmium, mercury, lead, or polychlorinated biphenyl. Electrical and electronic assemblies (including printed circuit boards, electronic components, and wires) are destined for direct reuse and not for recycling or final disposal. |
| B1120 | Excluding liquids used as catalysts spent catalysts that contain any of the following. |
|
Transition metals, excluding wasted catalysts (as well as liquid and other utilized catalysts) on list A:
Lanthanides, also called rare earth metals):
|
|
| B1130 | Wasted precious metal containing catalysts that have been cleaned |
| B1140 | Solid precious metal-bearing residues with traces of inorganic cyanides |
| B1150 | Gold, silver, and the platinum group precious metals and alloy wastes in a dispersible form |
| B1160 | precious-metal ash from the burning of printed circuit boards (see the entry on list A that is linked) (A1150) |
| B1170 | Precious metal ash from the incineration of photographic film |
| B1190 | Waste photographic paper containing silver halides and metallic silver |
| B1200 | Slag that has been ground up after being used to make iron and steel |
| B1210 | Slag produced during the production of iron and steel, including slag that contains sources of vanadium and titanium dioxide |
| B1220 | Slag from the manufacturing of zinc that has been chemically stabilized, has a high iron content (over 20%) and has been handled in accordance with industry standards primarily for construction. |
| B1230 | Iron and steel manufacturing causes mill scaling. |
| B1240 | mill scale made of copper oxide |
| B2 | Wastes are primarily made up of inorganic components but also include metals and biological ingredients |
| B2010 |
Non-dispersible mining-related wastes:
|
| B2020 |
Glass wastes in non-dispersible from: Glass Culets and other wastes and scrap of glass except for activated glass culets from cathode ray tubes and other activated glasses |
| B2030 |
Ceramic wastes that are not dispersible |
|
Cermet wastes and scrap (metal-ceramic composites)
|
|
| B2040 |
Other wastes primarily made of inorganic materials:
|
| B2060 | Spent activated carbon from the synthesis of vitamins, the food sector, and the treatment of drinkable water (take note of the relevant entry on list A A4160) |
| B2070 | Sludge with calcium fluoride |
| B2080 | Gypsum has been used in chemical industry operations but has not yet reached the concentration restrictions for any of the Schedule 2 elements |
| B2090 | Anode scraps from the production of steel or aluminum that are made of petroleum coke or bitumen and cleansed in accordance with industry standards (excluding anode butts from chlor alkali electrolyzes and from other metallurgical industries) |
| B2100 | Aluminum waste hydrates, waste alumina, and alumina production waste that result from the cleaning, flocculation, or filtration of gas |
| B2110 | Remains of bauxite ("red mud") (pH moderated to less than 11.5) |
| B2120 | Waste acidic or basic solutions that aren't corrosive or otherwise dangerous and have a pH between 2 and 11.5 (note the related entry on list A A4090) |
| B3 | Wastes that are primarily made up of organic components but may also contain metals and inorganic materials |
| B3010 |
Solid plastic waste The following plastic or mixed plastic waste, provided they are not mixed with other wastes and are prepared to a specification: Scrap plastic of non-halogenated polymers and copolymers, including but not limited to the following:
Cured waste resins or condensation products including the following:
The following fluorinated polymer wastes (excluding post-consumer wastes):
|
| B3020 |
Paper, paperboard, and paper product wastes The following materials, provided they are not mixed with hazardous wastes: Waste and scrap of paper or paperboard:
|
| B3130 | Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides |
| B3140 | Waste pneumatic types, excluding those which do not lead to resource recovery, recycling, reclamation, or direct reuse |
| B4 | Wastes that may contain either inorganic or organic constituents |
| B4010 | Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals, or biocides to an extent to render them hazardous (note the related entry on list A A4070) |
| B4020 | Wastes from production, formulation, and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Part C of Schedule 3 characteristics |
| B4030 | Used single-use cameras, with batteries not included on list A |
Compliance under the MoEF (Ministry of Environment, Forest)
- No import of hazardous and other wastes from any country to India for disposal shall be permitted.
- Only recycling, recovery, reuse, and utilization, including co-processing, will be permitted for the import of hazardous and other wastes from any country.
- The import of hazardous waste in Part A of Schedule III may be allowed to actual users with the prior informed consent of the exporting country and shall require the permission of the Ministry of Environment, Forest and Climate Change.
- The import of other wastes in Part B of Schedule III may be allowed to actual users with the permission of the Ministry of Environment, Forest and Climate Change.
- The import of other wastes in Part D of Schedule III will be allowed as per the procedure given in Rule 13 and as per the note below the said Schedule.
- No import of the hazardous and other wastes specified in Schedule VI shall be permitted.
Procedure of Import of Hazardous Waste
- Actual users planning to import or transit hazardous and other wastes listed in Parts A and B of Schedule III must submit an application in Form 5 to the Ministry of Environment, Forest, and Climate Change for the proposed import in addition to receiving the exporting nation's prior informed consent for Part A of Schedule III waste. A copy of the application must also be sent to the concerned authority.
- For the import of other wastes listed in Part D of Schedule III, the importer shall not require the permission of the Ministry of Environment, Forest and Climate Change. However, the importer shall furnish the required information as per Form 6 to the Customs authorities, accompanied by the following documents in addition to those listed in Schedule VIII, wherever applicable. For used electrical and electronic assemblies listed, there is no specific requirement of documentation under these rules:
- The import license from the Directorate General of Foreign Trade, if applicable;
- The valid consents under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (21 of 1981) and the authorization under these rules as well as the authorization under the E-Waste (Management and Handling) Rules, 2011, as amended from time to time, whichever applicable;
- An Importer who is a trader, importing waste on behalf of actual users, shall obtain one-time authorization in Form 7 and a copy of this authorization shall be appended to Form 6.
- In case of import of any used electrical and electronic assemblies or spares or part or component or consumables as listed under Schedule I of the E-waste (Management and Handling) Rules, 2011, as amended from time to time, the importer needs to obtain extended producer responsibility-authorization as producer under the said E-waste (Management and Handling) Rules, 2011.
- On receipt of the complete application with respect to Part A and Part B of Schedule III, the Ministry of Environment, Forest and Climate Change shall examine the application considering the comments and observations, if any, received from the State Pollution Control Boards, and may grant the permission for import within a period of sixty days subject to the condition that the importer has:
- The environmentally sound facilities;
- Adequate arrangements for treatment and disposal of wastes generated;
- A valid authorization and consent from the State Pollution Control Board;
- Prior informed consent from the exporting country in case of Part A of Schedule III wastes.
- The Ministry of Environment, Forest and Climate Change shall forward a copy of the permission to the concerned Port and Customs authorities, Central Pollution Control Board, and the concerned State Pollution Control Board for ensuring compliance with respect to their respective functions given in Schedule VII.
- The importer of the hazardous and other wastes shall maintain records of the hazardous and other waste imported by him in Form 3 and the record so maintained shall be made available for inspection.
- The importer of the hazardous and other wastes shall file an annual return in Form 4 to the State Pollution Control Board on or before the 30th day of June following the financial year to which that return relates.
- Samples of hazardous and other wastes being imported for testing or research and development purposes up to 1000 gm or 1000 ml shall be exempted from the need of taking permission for import under these rules.
- The Port and Customs authorities shall ensure that the shipment is accompanied by the movement document as given in Form 6 and the test report of analysis of the waste, consignment, wherever applicable, from a laboratory accredited or recognized by the exporting country. In case of any doubt, the customs may verify the analysis.
Documents Needed for Import
The following industries require to submit the documents along with their application to import
- Rule 5 of the 2016 Hazardous and Other Waste Regulations.
- Importation justification
- Valid Operating Permission under the Water Act of 1974 and the Air Act of 1981.
- Valid authorization in accordance with the 2016 Hazardous and Other Waste Rules.
- A copy of the lead analysis report for the workers' blood, soil, air, and water.
- For units with more than 10,000 MTA of ISRI Code RAINS, a process flow chart demonstrating suitable pollution control equipment, including an alkaline scrubber and a battery-breaking system, is provided.
- Video CD of a running plant with 86 photographs.
- Acknowledgment of receipt of the application copy from the relevant State Pollution Control Board (SPCB) or Pollution Control Committee (PCC);
- A document outlining the number of people who have benefited from the employment generated.
- Copy of the most recent permission granted by the Ministry.
List of Substances not permitted for Import
| 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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