Hazardous Waste Management Authorization

Hazardous Waste Management Authorization can be described as a regulatory approval that applies to the handling, treatment, storage, and disposal of the said hazardous waste. In this way, it helps to ensure compliance with the relevant laws and environmental requirements in the protection of human health and the environment. In fact, in common practice in most countries, businesses or facilities that generate hazardous waste require a permit from relevant environmental agencies, such as the United States Environmental Protection Agency. 

Such permits detail the exact requirements for and operational procedures geared towards the safety management of hazardous materials. Most authorization processes usually involve detailed plans, alongside much routine inspection, and the necessary adherence to stringent guidelines on waste-management practices. The objective is to reduce as much as possible the risks associated with hazardous waste, since contamination or health risks, among others, are controlled through an effective enforcement regime. Severe penalties usually await anyone violating these regulations, so compliance is imperative to responsible waste management.

According to Hazardous Waste Rules (Management and Transboundary Movement), 2016. Hazardous waste means any kind of waste which by reason of any of its properties such as physical, chemical, or biological can cause danger or is likely to cause danger to living being & environment, whether alone or in contact with other substances.

• Government Regulations: The need for licensing means that organizations will work by hazardous waste standards at the federal, state, and local levels. This shields organizations from potential litigation and monetary fines associated with non-compliance with these standards.
• Reduced Liability: The authorization process can be a means of reducing the potential liability for environmental damage and future health problems that may result from improper wastes management. A company could avoid large lawsuit settlement fees or claims for damages.
• High operational efficiency: The majority of the time, an approved hazardous waste management program helps run operations in a professional and efficient manner. These may include effective tracking of wastes, better process improvement to cut down on the production of wastes, and effectual recycling or treatment options.
• Improved reputation: Organizations that ensure proper and duly approved waste management practices tend to receive greater appreciation from all stakeholders, customers, and the general public. This could increase corporate reputation and generally build trust.
• Resources: Accreditation can force access to resources, training, and regulatory/industry group support in maintaining the best practices in hazardous waste management.
• Incentives/Funding: Many programs provide, or facilitate the process for, financial incentives or funding opportunities to qualified organizations through the demonstration of compliance and proactive waste management efforts.
• Emergency Preparedness: Plans and procedures put in place for handling emergencies related to hazardous wastes are usually part of an authorized waste management program and therefore enhance the better response of an organization to incidents.
• Continuous Improvement: The regular audits and inspections needed to maintain authorization commonly result in continuous improvements in waste management practices and overall environmental performance.

Hazardous Waste Management Rules are notified to ensure safe handling, generation, processing, treatment, packaging, storage, transportation, use, reprocessing, collection, and offering for sale, destruction, and disposal of Hazardous Waste.

These Rules came into the frame in the year 1989 and have been amended later in the years 2000, 2003 and with final notification of the Hazardous Waste (Management, Handling, and Transboundary Movement) Rules, 2016 in supersession of former notification.

The Rules lay down emphasis on the corresponding responsibility of every person who is engaged in collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous and other wastes and various authorities that are involved in the process of granting authorization for Hazardous Waste such as MoEF, CPCB, State/UT Govt., SPCBs/PCCs, DGFT, Port Authority, and Custom Authority.

Every person in the facility who is involved in handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer, or disposal of the hazardous and other wastes shall be required to get a clearance from the SPCB.

The person shall be responsible for safe and environment-friendly management of hazardous and other wastes.

The person shall take all the steps for managing hazardous and other wastes to avoid accidents and limit their effect on human beings and the environment as well; and also provide persons working on the site with personal protective equipment, training, and the necessary information to ensure their safety.

Authorities Authorising Hazardous Waste Management

• Central Pollution Control Board (CPCB): The CPCB is a national body established under the Environment Protection Act, of 1986, responsible for setting standards and regulations for pollution control. It provides overarching guidelines and regulations for hazardous waste management across India. The CPCB ensures that hazardous waste management practices align with national standards and supports the State Pollution Control Boards (SPCBs) in implementing these regulations.
• State Pollution Control Boards (SPCBs) / Pollution Control Committees (PCCs): Each state in India has its own Pollution Control Board or Pollution Control Committee (in union territories) that operates under the guidance of the CPCB. These bodies are responsible for enforcing hazardous waste management regulations at the state level. They handle the issuance of permits, conduct inspections, and ensure compliance with both state and national hazardous waste management rules.
• Directorate General of Foreign Trade (DGFT): The DGFT regulates the import and export of hazardous wastes. It is involved in issuing licenses and permits required for the cross-border movement of hazardous materials. The DGFT ensures that international trade in hazardous wastes complies with both national regulations and international agreements, such as the Basel Convention.
• Port Authority and Customs Authority: Port Authorities and Customs Authorities play a critical role in monitoring and controlling the movement of hazardous wastes through ports and borders. They are responsible for inspecting shipments, verifying documentation, and ensuring that hazardous waste imports and exports adhere to legal requirements and safety standards.
• Ministry of Environment, Forest and Climate Change (MoEFCC): The MoEFCC is the apex body responsible for formulating policies and regulations related to environmental protection and climate change. It provides the legislative framework for hazardous waste management and oversees its implementation. The Ministry works in conjunction with the CPCB and SPCBs to develop and update hazardous waste management regulations and policies.

According to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 there are 38 processes from which hazardous waste is generated.

Following is the list of Processes generating Hazardous Waste:

• Petrochemical processes and pyrolytic operations
• Crude oil and natural gas production
• Cleaning, emptying and maintenance of petroleum oil storage tanks including ships
• Petroleum refining or reprocessing of used oil or recycling of waste oil
• Industrial operations using mineral or synthetic oil as lubricant in hydraulic systems or other applications
• Secondary production and/or industrial use of zinc
• Primary production of zinc or lead or copper and other non-ferrous metals except Aluminium
• Secondary production of copper
• Secondary production of lead
• Production and/or industrial use of cadmium and arsenic and their compounds
• Production of primary and secondary Aluminium
• Metal surface treatment, such as etching, staining, polishing, galvanizing, cleaning, degreasing, plating, etc.
• Production of iron and steel including other ferrous alloys (electric furnace; steel rolling and finishing mills; Coke oven and by-products plant)
• Hardening of steel
• Production of asbestos or asbestos-containing materials
• Production of caustic soda and chlorine
• Production of mineral acids
• Production of nitrogenous and complex fertilizers
• Production of phenol
• Production and/or industrial use of solvents
• Production and/or industrial use of paints, pigments, lacquers, varnishes and inks
• Production of plastics
• Production and /or industrial use of glues, organic cement
• Production of canvas and textiles
• Industrial production and formulation of wood preservatives
• Production or industrial use of synthetic dyes, dye intermediates and pigments
• Production of organic-silicone compound
• Production/formulation of drugs/pharmaceutical and health care product
• Production, and formulation of pesticides including stock-piles
• Leather tanneries
• Electronic Industry
• Pulp and Paper Industry
• Handling of hazardous chemicals and wastes
• De-contamination of barrels/containers used for handling hazardous wastes/chemicals
• Purification and treatment of exhaust air/gases, water and wastewater from the processes in this schedule and common industrial effluent treatment plants (CETPs)
• Purification process for organic

List of Processes Generating Hazardous Wastes:

List of Processes Generating Hazardous Wastes:

For Import & Export of Hazardous Waste

A large number of hazards are associated with Hazardous Waste which is dangerous for living beings & for the environment as well. Any individual who wants to import & export Hazardous & Other Waste shall have to take authorization from the Ministry.

Following is the list of Hazardous Wastes that are applicable for Import & Export:

Part A

• Metal and Metal bearing wastes and waste consisting of alloys of any of the following - Antimony - Cadmium - Lead - Tellurium
• Waste having constituents, any of the following: - Antimony, antimony compounds - Cadmium, cadmium compounds - Lead, lead compounds - Tellurium, tellurium compounds
• Waste has metal carbonyls as constituents’ dust and sludges such as jarosite, hematite, etc.
• Waste from copper and copper cyanide catalysts not in liquid form
• Precious metal residue from the incineration of printed circuit boards
• Lead-acid batteries Waste, whole or crushed
• Unsorted waste batteries

Part B

• Metallic wastes in, non-dispersible form: - Thorium scrap - Rare earth scrap
• Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plates, beams, rods, etc.), of: - Antimony scrap - Beryllium scrap - Cadmium scrap - Lead scrap (excluding lead acid batteries) - Selenium scrap - Tellurium scrap
• Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder)
• Mixed non-ferrous metal, heavy fraction scrap, containing cadmium, antimony, lead & tellurium
• Precious metal-bearing residues in solid form which contain traces of inorganic cyanides
• Wastes from mining operations in the non-dispersible form: - Natural graphite waste - Slate wastes - Mica wastes - Leucite, nepheline and nepheline syenite waste - Feldspar waste - Fluorspar waste Silica wastes in solid form excluding those used in foundry operations
• Glass wastes in the non-dispersible form: - Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses
• Calcium fluoride sludge

Part D

• Metal and metal-alloy wastes in the metallic, non-dispersible form: - Precious metals (gold, silver, platinum but not mercury), Iron and steel scrap, Nickel scrap, Aluminium scrap, Zinc scrap, Tin scrap, Tungsten scrap, Molybdenum scrap, Tantalum scrap,  Cobalt scrap, Bismuth scrap, Titanium scrap, Zirconium scrap, Manganese scrap, Germanium scrap, Vanadium scrap, Hafnium scrap, Indium scrap, Niobium scrap, Rhenium scrap, Gallium scrap, Magnesium scrap, Copper scrap, Chromium scrap.
• Used electrical and electronic assemblies imported for repair and to be re-exported back after repair within one year of import.
• Used electrical and electronic assemblies imported for testing, research and development, and project work purposes and to be re-exported back within a period of three years from the date of import.
• Used electrical and electronic assemblies imported by airlines for aircraft maintenance and remaining either onboard or under the custodianship of the respective airlines’ warehouses located on the airside of the custom bonded areas.
• Paper, paperboard and paper product wastes.
• Used multifunction print and copying machines.

List of Hazardous Wastes Applicable for Import and Export with Prior Informed Consent

• Aadhaar Card copy and PAN card copy of the applicant
• GST certificate
• Rent/lease or proof of ownership
• Factory license or trade license
• Electricity bill
• Layout plan
• Certificate of incorporation in case of company/LLP
• MOA and AOA
• Board resolution to appoint an authorized person

Explore a few more Authorizations/Licenses required for your Business

• Hazardous Waste Recycling Plant setup
• Import of restricted hazardous items
• Battery Waste Management Authorization
• EPR E-Waste for Import
• E-Waste Segregation-Dismantling License
• EPR in Plastic waste