MoEF Clearance for Hazardous Waste Import in India

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.

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

• Substances eligible for Import but do not need prior Consent

• 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.

• 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:

1. The import license from the Directorate General of Foreign Trade, if applicable;  
2. 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; 
3. 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:

1. The environmentally sound facilities;  
2. Adequate arrangements for treatment and disposal of wastes generated;  
3. A valid authorization and consent from the State Pollution Control Board; 
4. 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.

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.