Hazardous and other waste (management & Transboundary ...

Hazardous and other waste (management & Transboundary ...

HAZARDOUS AND OTHER WASTE (MANAGEMENT & TRANSBOUNDARY MOVEMENT), RULES 2016 AND ITS INTERPRETATION Dr. B. Sengupta Former, Member Secretary Central Pollution Control Board Ministry of Environment & Forests Govt. of India, Delhi Email: [email protected], 9810043771 Lecture delivered delivered at at Training Training Programme Programme organised

organised Udaipur Udaipur Chamber Chamber of of Commerce Commerce & & Industry Industry Lecture on 44 October, October, 2018 2018 at at Udaipur Udaipur on HAZARDOUS WASTE GENERATION & MANAGEMENT

43,938 hazardous waste generating units in the country generating about 7.46 million tons. HAZARDOUS WASTE GENERATION IN STATES/UTS Gujarat (about 29%), Maharashtra (about 25%) and AndhravPradesh (about 9%) are the top three HW generating States. Chhattisgarh (about 5%), Rajasthan, West Bengal and Tamil Nadu (about 4 %) These seven States together, are generating about 80 % of countrys total hazardous waste. APPLICATION OF HAZARDOUS & OTHER WASTE MANAGEMENT RULES These rules shall apply to the management of hazardous and other

wastes as specified in the Schedules to these rules but shall not apply to (a) (b) (c) (d) (e) waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder and as amended from time to time; wastes arising out of the operation from ships beyond five kilometres of the relevant baseline as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made

thereunder and as amended from time to time; radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and the rules made thereunder and as amended from time to time; bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act and as amended from time to time; and wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act and as amended from time to time. DEFINITIONS 1. 2. 5.

7. Act means the Environment (Protection) Act, 1986 (29 of 1986); actual user means an occupier who procures and processes hazardous and other waste for reuse, recycling, recovery, preprocessing, utilisation including co-processing; captive treatment, storage and disposal facility means a facility developed within the premises of an occupier for treatment, storage and disposal of wastes generated during manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of hazardous and other wastes; common treatment, storage and disposal facility means a common facility identified and established individually or jointly or severally by the State Government, occupier, operator of a facility or any association of occupiers that shall be used as common facility by multiple occupiers or actual users for treatment, storage and disposal of the hazardous and other wastes;

8. co-processing means the use of waste materials in manufacturing processes for the purpose of energy or resource recovery or both and resultant reduction in the use of conventional fuels or raw materials or both through substitution; 10. disposal means any operation which does not lead to reuse, recycling, recovery, utilisation including co-processing and includes physico-chemical treatment, biological treatment, incineration and disposal in secured landfill; environmentally sound management of hazardous and other wastes means taking all steps required to ensure that the hazardous and other wastes are managed in a manner

which shall protect health and the environment against the adverse effects which may result from such waste; 13. 14. environmentally sound technologies means any technology approved by the Central Government from time to time; 17. 21. hazardous waste means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is

likely to cause danger to health or environment, whether alone or in contact with other wastes or substances, and shall include (i) waste specified under column (3) of Schedule I; (ii) waste having equal to or more than the concentration limits specified for the constituents in class A and class B of Schedule II or any of the characteristics as specified in class C of Schedule II; and (iii) wastes specified in Part A of Schedule III in respect of import or export of such wastes or the wastes not specified in Part A but exhibit hazardous characteristics specified in Part C of Schedule III; occupier in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any hazardous and other wastes, the person in possession of the hazardous or other waste;

22. 25. 26. 35. 36. operator of disposal facility means a person who owns or operates a facility for collection, reception, treatment, storage and disposal of hazardous and other wastes; recycling means reclamation and processing of hazardous or other wastes in an environmentally sound manner for the originally intended purpose or for other purposes; reuse means use of hazardous or other waste for the purpose of

its original use or other use; treatment means a method, technique or process, designed to modify the physical, chemical or biological characteristics or composition of any hazardous or other waste so as to reduce its potential to cause harm; used oil means any oil(i) (ii) derived from crude oil or mixtures containing synthetic oil including spent oil, used engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil, heat transfer oil, transformer oil and their tank bottom sludges; and suitable for reprocessing, if it meets the specification laid down in Part A of Schedule V but does not include waste oil; 38.

39. waste means materials that are not products or by-products, for which the generator has no further use for the purposes of production, transformation or consumption. Explanation.- for the purposes of this clause, (i) waste includes the materials that may be generated during, the extraction of raw materials, the processing of raw materials into intermediates and final products, the consumption of final products, and through other human activities and excludes residuals recycled or reused at the place of generation; and (ii) by-product means a material that is not intended to be produced but gets produced in the production process of

intended product and is used as such; waste oil means any oil which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries, installations or ships and can be used as fuel in furnaces for energy recovery, if it meets the specifications laid down in Part-B of Schedule V either as such or after reprocessing. RESPONSIBILITIES OF THE OCCUPIER FOR MANAGEMENT OF HAZARDOUS AND OTHER WASTES RULE 4 For the management of hazardous and other wastes, an occupier shall follow the following steps, namely:(a) prevention; (b)

minimization; (c) reuse, (d) recycling; (e) recovery, utilisation including co-processing; (f)

safe disposal. (2) (3) (4) (5) (6) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes. The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorised actual user or shall be disposed of in an authorised disposal facility. The hazardous and other wastes shall be transported from an

occupiers establishment to an authorised actual user or to an authorised disposal facility in accordance with the provisions of these rules. The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a treatment, storage and disposal facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal. The occupier shall take all the steps while managing hazardous and other wastes to(a) contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and (b) provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety. (1) (2)

RESPONSIBILITIES OF STATE GOVERNMENT FOR ENVIRONMENTALLY SOUND MANAGEMENT OF HAZARDOUS AND OTHER WASTES RULE 5 Department of Industry in the State or any other government agency authorised in this regard by the State Government, to ensure earmarking or allocation of industrial space or shed for recycling, preprocessing and other utilisation of hazardous or other waste in the existing and upcoming industrial park, estate and industrial clusters; Department of Labour in the State or any other government agency authorised in this regard by the State Government shall,(a) ensure recognition and registration of workers involved in recycling, pre-processing and other utilisation activities; (b) assist formation of groups of such workers to facilitate setting up such facilities; (c) undertake industrial skill development activities for the workers involved in recycling, pre-processing and other utilisation;

(d) undertake annual monitoring and to ensure safety and health of workers involved in recycling, pre-processing and other utilisation. (3) Every State Government may prepare integrated plan for effective implementation of these provisions and to submit annual report to the Ministry of Environment, Forest and Climate Change, in the Central Government. GRANT OF AUTHORISATION FOR MANAGING HAZARDOUS AND OTHER WASTES RULE 6 (1) Every occupier of the facility who is engaged in handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing,

utilisation, offering for sale, transfer or disposal of the hazardous and other wastes shall be required to make an application in Form 1 to the State Pollution Control Board and obtain an authorisation from the State Pollution Control Board within a period of sixty days from the date of publication of these rules. Such application for authorisation shall be accompanied with a copy each of the following documents, namely:(a) consent to establish granted by the State Pollution Control Board 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); (b) Consent to operate granted by the State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and/or Air (Prevention and Control of Pollution) Act, 1981, (21 of 1981); (c) in case of renewal of authorisation, a self-certified compliance

report in respect of effluent, emission standards and the conditions specified in the authorisation for hazardous and other wastes: POWER TO SUSPEND OR CANCEL AN AUTHORISATION RULE 7 (1) (2) The State Pollution Control Board, may, if in its opinion the holder of the authorisation has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules and after giving him a reasonable opportunity of being heard and after recording reasons thereof in writing cancel or suspend the authorisation issued under rule 6 for such period as it considers

necessary in the public interest. Upon suspension or cancellation of the authorisation, the State Pollution Control Board may give directions to the person whose authorisation has been suspended or cancelled for the safe storage and management of the hazardous and other wastes, and such occupier shall comply with such directions. STORAGE OF HAZARDOUS AND OTHER WASTES RULE 8 (1) The occupiers of facilities may store the hazardous and other wastes for a period not exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling, recovery, preprocessing, co-processing and utilisation of such wastes and make these records available for inspection: Provided that the State Pollution Control Board may extend the

said period of ninety days in following cases, namely:(i) (ii) (iii) (iv) (v) small generators (up to ten tonnes per annum) up to one hundred and eighty days of their annual capacity; actual users and disposal facility operators up to one hundred and eighty days of their annual capacity, occupiers who do not have access to any treatment, storage, disposal facility in the concerned State; or the waste which needs to be specifically stored for development of a process for its recycling, recovery, preprocessing, co-processing or utilisation; in any other case, on justifiable grounds up to one hundred and eighty days.

UTILISATION OF HAZARDOUS AND OTHER WASTES RULE 9 (1) The utilisation of hazardous and other wastes as a resource or after pre-processing either for co-processing or for any other use, including within the premises of the generator (if it is not part of process), shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of waste on the basis of standard operating procedures or guidelines provided by the Central Pollution Control Board. (2) Where standard operating procedures or guidelines are not available for specific utilisation, the approval has to be sought from Central Pollution Control Board which shall be granting approval on

the basis of trial runs and thereafter, standard operating procedures or guidelines shall be prepared by Central Pollution Control Board: Provided, if trial run has been conducted for particular waste with respect to particular utilisation and compliance to the environmental standards has been demonstrated, authorisation may be granted by the State Pollution Control Board with respect to the same waste and utilisation, without need of separate trial run by Central Pollution Control Board and such cases of successful trial run, Central Pollution Control Board shall intimate all the State Pollution Control Board regarding the same. (3) No trial runs shall be required for co-processing of waste in cement plants for which guidelines by the Central Pollution Control Board are already available; however, the actual users shall ensure compliance to the standards notified under the

Environment (Protection) Act,1986 (29 of 1986), for cement plant with respect to co-processing of waste: Provided that till the time the standards are notified, the procedure as applicable to other kind of utilisation of hazardous and other waste, as enumerated above shall be followed. STANDARD OPERATING PROCEDURE OR GUIDELINES FOR ACTUAL USERS RULE 10 The Ministry of Environment, Forest and Climate Change or the Central Pollution Control Board may issue guidelines or standard operating procedures for environmentally sound management of hazardous and other wastes from time to time. LIST OF PROCESSES GENERATING HAZARDOUS WASTES SCHEDULE I

[SEE RULE 3 (1) (17) (I)] * The inclusion of wastes contained in this Schedule does not preclude the use of Schedule II to demonstrate that the waste is not hazardous. In case of dispute, the matter would be referred to the Technical Review Committee constituted by Ministry of Environment, Forest and Climate Change. Note: The high volume low effect wastes such as fly ash, Phosphogypsum, red mud, jarosite, Slags from pyrometallurgical operations, mine tailings and ore beneficiation rejects are excluded from the category of hazardous wastes. Separate guidelines on the management of these wastes shall be issued by Central Pollution Control Board. LIST OF COMMONLY RECYCLABLE HAZARDOUS WASTES SCHEDULE IV [SEE RULES 6 (1) (II) AND 6 (2)]

S.No. (1) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Wastes (2) Brass Dross

Copper Dross Copper Oxide mill scale Copper reverts, cake and residue Waste Copper and copper alloys in dispersible from Slags from copper processing for further processing or refining Insulated Copper Wire Scrap or copper with PVC sheathing including ISRI-code material namely Druid Jelly filled Copper cables Spent cleared metal catalyst containing copper Spent catalyst containing nickel, cadmium, Zinc, copper, arsenic, vanadium and cobalt 11 Zinc Dross-Hot dip Galvanizers SLAB 12 Zinc Dross-Bottom Dross 13. Zinc ash/Skimmings arising from galvanizing and die casting operations

14 Zinc ash/Skimming/other zinc bearing wastes arising from smelting and refining 15. Zinc ash and residues including zinc alloy residues in dispersible from 16. Spent cleared metal catalyst containing zinc 17. Used Lead acid battery including grid plates and other lead scrap/ashes/residues not covered under Batteries (Management and Handling) Rules, 2001. [Battery scrap, namely: Lead battery plates covered by ISRI, Code word Rails Battery lugs covered by ISRI, Code word Rakes. Scrap drained/dry while intact, lead batteries covered by ISRI, Code word rains. 18. Components of waste electrical and electronic assembles comprising accumulators and other batteries included in Part A of Schedule III, mercury-switches, activated glass cullets from cathode-ray tubes and other activated glass and PCB-capacitors, or any other component contaminated with Schedule II constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they exhibit hazard

characteristics indicated in part C of Schedule III. 19. Paint and ink Sludge/residues 20. Used oil and waste oil SCHEDULE V [SEE RULES 3 (36) AND 3 (39)] PART A Specifications of Used Oil Suitable for recycling S.No . (1) 1. 2. 3. 4. 5.

Parameter Maximum permissible Limits (2) (3) Polychlorinated biphenyls (PCBs) < 2ppm * Lead 100 ppm Arsenic 5 ppm Cadmium+Chromium+Nickel 500 ppm Polyaromatic hydrocarbons (PAH) 6% Part B

Specification of fuel derived from waste oil S.No. (1) 1. 2. 3. 4. 5. 6. 7. 8. 9. Parameter (2) Sediment Lead

Arsenic Cadmium+Chromium+Nickel Polyaromatic hydrocarbons (PAH) Total halogents Polychlorinated biphenyls (PCBs) Sulfur Water Content Maximum permissible limits (3) 0.25% 100 ppm 5 ppm 500 ppm 6%

4000 ppm <2 ppm * 4.5% 1% *The detection limit is 2 ppm by gas Liquid Chromatography (GLC) using Electron Capture detector (ECD) EMISSION STANDARDS FOR COMMON HAZARDOUS WASTE INCINERATOR G.S.R. 481(E), [26/06/2008] EMISSION STANDARDS FOR CO-PROCESSING OF WASTE IN CEMENT KILN MOEF&CC NOTIFICATION NO. G.S.R. 497 (E) DATED 10 MAY, 2016 Contd STATUTORY RESPONSIBILTIES

Hazardous Waste (Management & Handling) Rules, 1989 Section 4(1) 4(2) 5(2) 5(4) 5(6)(ii) Responsibility of the Occupier Read the schedule attached to the Rules. Ascertain whether your waste fits in the description and quantity mentioned thereat. Take all practical steps to store, treat, dispose, and manage such hazardous waste. In case, on your behalf an Operating Agency in managing your waste, give full information to him. Make an Application for grant of authorisation (which is akin to

consent) for managing., handling the hazardous waste on From 1, to the SPCB Satisfy the SPCB that you have (1) appropriate facilities, (2) technical capabilities and (3) equipments, so that you can get authorisation. Make an Application for renewal for your authorisation before its expiry. STATUTORY RESPONSIBILTIES Hazardous Waste (Management & Handling) Rules, 1989 Section 5(7) 6(1) 6(2) 7(1) 7(2)

9(1) 9(2) Responsibility of the Occupier Make proper use of an opportunity of being heard before SPCB refuses your application for authorisation. Make preparation. Make proper use of an opportunity of being heard before the SPCB cancels your authorisation granted already. Make preparation. Comply with specific Directions of safe storage of waste as given by SPCB, during the intervening period starting from canceling of authorisation and upto decision of appeal where made under Rule 12 Ensure that the hazardous waste is packaged suitably and labels are visible. Ensure that packaging, labelling and transport of waste is as per Motor Vehicle Act, 1988

Maintain records of operation of Form 3. Send annual returns to SPCB on Form 4. STATUTORY RESPONSIBILTIES Hazardous Waste (Management & Handling) Rules, 1989 Section 10 11(1) 11(3) 11(4) 11(7) 12 Responsibility of the Occupier Report immediately to SPCB on Form 5, regarding occurrence of any accident at the site or in transit. Note that certain hazardous wastes can be imported to our

country but only to serve as raw material . In order to avoid refusal of your importing, see that the exporting country communicates on Form 6. Provide all necessary information on Form 6 by you as Importer. Maintain Record of Import on Form 7 and show to SPCB, from time to time. Where an issued authorisation is cancelled or suspended or an application is refused, Occupier can prefer an appeal, but within 30 days and on prescribed Form. STATUTORY RESPONSIBILTIES Hazardous Waste (Management & Handling) Rules, 1989 Section Penalty Responsibility of the Occupier

As per section 15 of the parent Environment (Protection) Act, 1986, non-compliance is punishable with imprisonment for a term which may extend to five years or with fine maximum upto one lakh rupees or with both. LIST OF PUBLICATIONS OF CPCB IN THE FIELD OF HAZARDOUS WASTE MANAGEMENT a By DR. B. SENGUPTA Email : [email protected] 91-9810043771

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