Introduction

Hazardous waste is a well-known issue in the industrial landscape. It is generated as waste from industrial activities including various production, recycling or treatment processes. It has to be treated and disposed of in an environmentally safe and sound manner. These wastes are often imported and exported from one country to another. Such import and export activities are executed following the rules established by the regulating authorities. The involvement of various regulators ensures that hazardous material is transported, stored and utilized appropriately. If the import is not beneficial and increases the waste management burden on the country, the same is banned for import. Let’s understand the licenses and permissions required for hazardous waste import and export in India.

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Applicable Rules on the Import and Export of Hazardous Waste

Hazardous waste is managed per the provisions of the Hazardous Waste Management Rules 2016. These rules prescribe several steps to manage the hazardous waste generated in industrial activities or any other source. These steps include prevention, minimisation, reuse, recycling, recovery, utilisation, co-processing, and safe disposal of hazardous waste. Apart from these, the rules also prescribe import and export guidelines and procedures to obtain necessary permissions.

Waste Types Covered under Hazardous Waste Management Rules

Hazardous waste refers to any waste possessing characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive, or corrosive, posing or likely to pose a threat to health or the environment, either independently or in conjunction with other wastes or substances. This definition encompasses the listed items in the attached schedules including furnace and reactor residue, sludge-containing oil, cargo residue, storage tank residue, lead-bearing residue, acid from used batteries, tar-containing wastes, acidic residue, spent chemicals etc. Wastes that contain hazardous constituents above the maximum allowed limits are also called hazardous waste and are covered under the provisions of these rules.

Regulatory Authorities for Hazardous Waste Import and Export

Some key points about the role and importance of the regulatory authority in the import-export of hazardous waste are as follows-

• The Ministry of Environment, Forest and Climate Change, plays a central role in overseeing and managing the import and export of hazardous waste in India.
• Its pivotal role includes granting permissions, evaluating applications, and ensuring compliance with international standards and agreements, particularly the Basel Convention.
• Verification of documents, stringent conditions, and facility assessments by the regulatory authority are crucial for mitigating environmental risks associated with hazardous waste.
• Transparent communication with stakeholders, including Port and Customs authorities, facilitates a smooth import and export process and ensures accountability.
• Record-keeping mandates and annual reporting requirements by importers/exporters, enforced by the regulatory authority, promote accountability and transparency.
• The MoEFCC focuses on preventing illegal trade in hazardous waste and enhances legal compliance and ethical practices.
• Safeguarding the environment is of primary importance, with the regulatory authority enforcing standards and responsible waste management practices.
• It promotes sustainability is evident through its encouragement of practices like recycling, recovery, and reuse in hazardous waste management.

Overall, the Ministry of Environment, Forest and Climate Change plays a crucial role in shaping and enforcing policies that ensure the responsible import and export of hazardous waste, aligning with environmental protection and international standards.

Key Considerations Regarding the Import and Export of Hazardous Waste

When it comes to the import and export procedure of hazardous waste under the hazardous waste management rules, the key considerations are as follows-

• Nodal Ministry: The Ministry of Environment, Forest and Climate Change is designated as the nodal Ministry responsible for handling the transboundary movement of hazardous and other wastes.
• Import for Disposal Prohibition: Import of hazardous and other wastes from any country to India for disposal is strictly prohibited.
• Permitted Purposes for Import: Importing hazardous and other wastes is allowed only for recycling, recovery, reuse, and utilisation, including co-processing.
• Prohibited Imports: Importing hazardous and other wastes specified in Schedule VI is prohibited.
• Export Permissions: The export of hazardous and other wastes from India listed in Part A and Part B of Schedule III and Schedule VI is allowed only with the permission of the Ministry of Environment, Forest and Climate Change. Applications for export are considered based on the prior informed consent of the importing country, especially for hazardous waste listed in Part A of Schedule III and Schedule VI.
• Other Wastes with Hazardous Characteristics: The import and export of hazardous and other wastes not specified in Schedule III but exhibiting hazardous characteristics outlined in Part C of Schedule III require prior written permission from the Ministry of Environment, Forest and Climate.

Norms Around the Import of Hazardous Waste in India

The import procedure of hazardous waste involves the fulfilment of the following steps-

• Application Submission

Actual users intending to import or transit hazardous and other wastes specified in Part A and Part B of Schedule III must submit an application in Form 5 to the Ministry of Environment, Forest and Climate Change.
Include the required documents listed in Form 5. Simultaneously, send a copy of the application to the concerned State Pollution Control Board for information.

• Documentation for Specific Wastes

For the import of other wastes listed in Part D of Schedule III, the importer doesn't require permission from the Ministry of Environment, Forest and Climate Change. Submit information in Form 6 to Customs authorities along with additional documents, including import license, consents under pollution control acts, and authorizations under relevant rules.

• Extended Producer Responsibility

For Part B of Schedule III, if importing used electrical and electronic assemblies or parts, obtain extended producer responsibility authorisation as per E-Waste (Management and Handling) Rules, 2011.

• Customs Verification

Prior to clearing consignments of wastes listed in Part D of Schedule III, Customs authorities shall verify documents as listed in Schedule VIII.

• Permission Granting

The Ministry of Environment, Forest and Climate Change examines the application, considering comments from State Pollution Control Boards. Permission for import may be granted within sixty days if the importer has environmentally sound facilities, adequate waste treatment arrangements, valid authorizations, and consents.

• Notification and Compliance

The Ministry notifies concerned authorities, including Port and Customs authorities, Central Pollution Control Board, and State Pollution Control Board, upon granting permission. Ensure compliance with respective functions outlined in Schedule VII.

• Record Maintenance

Importers must maintain records of imported hazardous and other waste in Form 3, available for inspection.

• Annual Return Filing

Importers must file an annual return in Form 4 to the State Pollution Control Board by June 30th following the relevant financial year.

• Exemption for Testing

Samples up to 1000 gm or 1000 ml of hazardous and other wastes imported for testing or research purposes are exempted from import permission requirements.

• Shipment Documentation

Port and Customs authorities ensure shipment accompanies the movement document in Form 6 and a test report from an accredited laboratory.

Norms Around the Export of Hazardous Waste in India

The import procedure of hazardous waste involves the fulfillment of the following steps-

• Application Submission

Occupiers intending to export waste specified in Part A of Schedule III, Part B of Schedule III, and Schedule VI must submit an application in Form 5 to the Ministry of Environment, Forest and Climate Change.

• Prior Informed Consent

Include insurance cover and obtain prior informed consent in writing from the importing country for wastes specified in Part A of Schedule III and Schedule VI.

• Permission Granting

Ministry of Environment, Forest and Climate Change may grant permission for the proposed export within sixty days of receiving a complete application, imposing necessary conditions.

• Notification and Compliance

Notify State Pollution Control Boards, Pollution Control Board of the port's location, and Port and Customs authorities about granted export permission for compliance.

• Prior Informed Consent Compliance

Ensure no consignment is shipped before receiving prior informed consent from the importing country.

• Shipment Documentation

Ensure the shipment is accompanied by a movement document in Form 6.

• Record Maintenance

Exporters must maintain records of exported hazardous waste in Form 3, available for inspection.

Conclusion

In navigating the intricate landscape of hazardous waste management, India's regulatory framework, governed by the Hazardous Waste Management Rules, stands as a robust foundation. These rules prescribe steps for waste management and outline import and export procedures. Hazardous waste encompasses materials with characteristics posing a threat to health or the environment. The MoEFCC's focus on preventing illegal trade and promoting sustainability underscores its commitment to responsible waste management. As we delve into the nuances of hazardous waste import and export in India, it becomes evident that the Ministry of Environment, Forest and Climate Change plays a pivotal role in shaping and enforcing policies. These norms not only ensure compliance with international standards but also champion the cause of sustainable and responsible waste management, safeguarding our environment for future generations.