Hazardous Waste – Import

The following Public Notice was issued by the Commissioner of Customs (Import) Jawaharlal Nehru Custom House, Maharashtra on 19th June 2009

F. No.:S/22-GEN-154/09-10 AM (I)

37-PN Attention of all importers, CHA,
19.06.2009 trade and all others concerned, is
invited to the Hazardous Wastes
(Management, Handling and Trans-Boundary Movement) Rules, 2008 (hereinafter referred to as “HWR” for the sake of brevity). These Rules have been enacted by the Ministry of Environment and Forests, Government of India, in exercise of powers conferred under Section 6, 8 and 25 of the Environment Protection Act, 1986 (29 of 1986) and in supersession of the Hazardous Waste (Management and Handling) Rules, 1989.

2. Chapter IV of the said Rules, provides in detail the procedure for import and export of Hazardous Waste. Salient features of HWR are:

(i) All the items listed in Part A of the Schedule-III are restricted and require Prior Informed Consent as well as permission from Ministry of Environment & Forest and DGFT Licence.

(ii) For all Items listed in Part B of the Schedule III, Prior Informed Consent is not required. Further, various items listed in the Part B have been categorized into 4 categories, with the attendant conditions attached to each item, which are as under:

Category	Requirement
With two astrics**	Import permitted in the country without any license or restriction
With three astrics***	Import permitted in the country for recycling/reprocessing by units registered with MOEF/CPCB and having DGFT license.
With four astrics****	Import permitted in the country by the actual user with MOEF permission and DGFT license.
With no astrics	All other wastes listed in Schedule-III (Part-B) having no “Star/s” (*…) can only be imported in to the country with the permission of MOEF.

3. All provisions of HWR will be strictly adhered to, notwithstanding the earlier practice followed in this Custom House or other Custom Houses.

4. In case of non-compliance of any of the conditions, as per the provisions of Rule 17(2) of the HWR provides

“the importer shall re-export the waste in question at his cost within a period of ninety days from the date of its arrival into India and its implementation will be ensured by the concerned State Pollution Control Board”.

In case such goods are not cleared within 30 days of unloading, the matter would be referred to the State Pollution Control Board for necessary action at their end in terms of the aforesaid provision.

5. The importer(s) may apply for availing the option to keep the goods in Public Bonded Warehouse with adequate infrastructure under Section 49 of the Customs Act’1962, to avoid detention and demurrage charges, till the time it is re-exported or cleared, as per the provisions of the HWR.

Hazardous Waste Rules, 2008

Chapter – II Import and Export of Hazardous Materials

4. Transboundary movement (import and export) of hazardous materials.-

The Ministry of Environment and Forests shall be the nodal Ministry to deal with the trans-boundary movement of all hazardous materials and to grant permission of transit of hazardous materials through any part of India.

5. Import and export hazardous wastes.-

(1) Import of hazardous wastes from any country to India for disposal shall not be permitted.

(2) Export of hazardous wastes from India is allowed to an actual user of the wastes or operator of disposal facility with the Prior Informed Consent of the importing country to ensure environmentally sound management of the hazardous waste in question.

6. Import and export of hazardous material.-

(1) The hazardous materials not listed as a hazardous waste in Part A and Part B of Schedule III, of these rules and which do not exhibit hazard characteristics specified in Part C of that Schedule shall be allowed for imports to actual users licensed by Central Pollution Control Board for its reuse, recycling or reprocessing under these rules.

(2) The hazardous materials listed as hazardous wastes in Part A and B of Schedule III or which exhibit one or more hazard characteristics specified in Part C of that Schedule shall be regulated for imports and exports.

(3) All hazardous materials listed in Part B of Schedule III not containing or contaminated with hazardous materials specified in Part B of that Schedule and which exhibit one or more of the hazard characteristics specified in Part C of that Schedule are safe for recycling shall be free for import and export;

(4) All hazardous materials listed in Part B of Schedule III containing or contaminated with hazardous materials of Schedule I or Schedule II or Part A of Schedule III and which exhibit one or more hazard characteristics specified in Part C of Schedule III and are recyclable shall be allowed for imports for recycling by units having a valid license for recycling under rule 12 of these rules. Such import shall require a Prior Informed Consent in writing from the importing country’s competent authority. All exports of such hazardous materials mentioned in subrules 4 shall also require Prior Informed Consent in writing for such exports.

(5) The import of hazardous materials listed in Part A and B of Schedule III which are containing or contaminated with hazardous materials and which exhibit one or more hazards characteristics specified in Part C of that Schedule and are not safe for recycling or reuse shall be considered as hazardous waste and shall not be permitted for imports in any circumstances.

(6) The Schedule IV containing “list of hazardous materials for recycling, reprocessing and reuse” is only an indicative list of hazardous materials suitable for recycling, reprocessing and reuse and in case any other hazardous material is proposed to be imported the Ministry of Environment and Forests shall determine whether the hazardous material is a waste, in that case the same shall not be allowed to be imported and in case the hazardous material is not a waste, it may be allowed in accordance with the provisions of these rules.

(7) The import of hazardous materials listed in Schedule V shall not be permitted.

7. Illegal Traffic

(1) The export of hazardous wastes from India shall be deemed illegal:

(i) if it is without permission of the Central Government; or

(ii) if the permission has been obtained through falsification, misrepresentation or fraud; or

(iii) it does not conform to the shipping details provided in the notification and movement document;

(2) Import of hazardous wastes shall not be permitted and any such import shall be treated as a case of illegal traffic.

(3) In case of illegal import of hazardous wastes the importer shall re-export the waste in question within a period of thirty days from the date of its arrival into India.

Chapter – III Procedures for Import and Export of Hazardous Materials

8. Procedure for export of hazardous wastes from India.

(1) An exporter shall communicate in Form 1 to the Central Government in the Ministry of Environment and Forests of the proposed transboundary movement of hazardous wastes together with the Prior Informed Consent in writing from the importing country and a legal bond or full cover insurance policy for the consignment.

(2) On receipt of such documentation, after authentication of the same, the Central Government shall give a ‘No Objection Certificate’ to the proposed export and may impose conditions as it may consider necessary.

(3) The Central Government, shall forward a copy of the ‘No Objection Certificate’ granted, to the Central Pollution Control Board, the concerned State Pollution Control Board, Pollution Control Committee of the UT and the concerned Port and Customs authorities for ensuring compliance of the conditions if any of export and to take appropriate steps for safe handling of the waste shipment.

(4) The exporter shall ensure that no consignment is shipped before the ‘No Objection Certificate’ is received.

(5) The exporter shall also ensure that the shipment is accompanied with the Movement Document, Form 2.

(8) Every trader desirous of import of Metal scrap, paper waste and other wastes as listed in Schedule III (Part D) may make an application in Form 16 to any of the State Pollution Control Boards or Pollution Control Committees.

(9) The State Pollution Control Boards or Pollution Control Committees will register the trader on a one time basis and registration would be considered as deemed if not objected to within a period of 30 days.

(l0) The registered trader shall be required to submit details of such import and particulars of the actual users along with quantities to the concerned State Pollution Control Board or Pollution Control Committees on a quarterly basis and registration would be liable for cancellation on failure to furnish these details to the State Pollution Control Boards or Pollution Control Committees:

Provided that the registration granted to the trader shall not be cancelled unless he has been given a reasonable opportunity of hearing.

(11) An appeal shall lie against any order of suspension or cancellation or refusal of registration passed by the Member-Secretary of the State Pollution Control Board or Pollution Control Committees or any other officer designated by the State Pollution Control Boards or Pollution Control Committees as laid down in rule 26 of the said rules.

(12) The appeal shall be in writing and shall be accompanied with a copy of the order appealed against and shall be made within period of thirty days from the date of passing of the order.

[Clause (8) to (12) inserted by MoEF Notification dated 30.03.2010]

9. Procedure for Export of Hazardous materials requiring Prior Informed Consent

(1) The exporter of hazardous material shall apply at least ninety days in advance in Form 1 to the Central Government in the Ministry of Environment and Forests, seeking permission for the proposed export and transboundary movement.

(2) The Central Government, on receipt of the Form 1 accompanied by Prior Informed Consent in writing from the importing country and a test report from an accredited laboratory of analysis of the hazardous material consignment in question shall, after due verification of the facts, grant permission for export by issuing ‘No Objection Certificate’ in Form-1.

(3) The exporter shall ensure that no consignment is shipped prior to the requisite authentication being received.

(4) The exporter shall also ensure that the shipping document is accompanied with Form 2, an authenticated copy of Form 1, ‘No Objection Certificate’ and an authenticated copy of the test report from an accredited laboratory of analysis of the hazardous material.

(5) The exporter of hazardous materials shall also submit a bond or an insurance certificate covering full third party liability during the transboundary movement.

(6) The exporter shall inform the Central Government in the Ministry of Environment and Forest upon completion of the transboundary movement.

10. Procedure for import of hazardous materials for recycling requiring Prior Informed Consent

(1) Every recycler having valid license from Central Pollution Control Board to recycle hazardous materials and seeking permission to import such materials, shall apply to the State Pollution Control Board or Committee at least one hundred and twenty days in advance of the intended import in Form 1 & 3;

(2) The State Pollution Control Board shall forward the application with recommendations and requisite stipulations for safe transport, storage and processing, to the Central Government in the Ministry of Environment and Forests within a period of thirty days of receipt of the application;

(3) The Central Government after satisfying itself, that all relevant provisions of the rules are fulfilled, may grant ‘No Objection Certificate’ for the import and authenticate copy of Form 1 subject to the following:

(i) the hazardous material in question is covered under Basel Convention;

(ii) the importer submits a valid Prior Informed Consent letter along with authenticated copy of Form 1 from the concerned authority of the exporting country; and

(iii) possesses a valid license from Central Pollution Control Board for undertaking the import in question.

(4) The Central Government shall forward a copy of the ‘No Objection Certificate’ granted, to the Central Pollution Control Board, the concerned State Pollution Control Board or Pollution Control Committee of UT and the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and safe handling of the hazardous materials.

(5) The Central Government shall communicate the grant of permission by authentication in Form 1 to the exporter and the competent authority of exporting country and endorse a copy of the same to the Central Pollution Control Board and the State Pollution Control Board or Pollution Control Committees of UT as the case may be.

(6) The Port and Custom authorities shall ensure that shipment is accompanied by the Movement Document, Form 2 and the test report from a laboratory accredited by the concerned authority of the exporting country of analysis of the hazardous materials consignment in question.

(7) The Custom authorities shall collect and retain in safe custody, three randomly drawn samples of the consignment for a period of five years, in order to ensure that in the event of any dispute as to whether the consignment conforms to the declaration made in the notification and Movement Document Form 2.

(8) The recycler, importing hazardous materials, shall maintain the records of hazardous material imported as specified in Form 4 and the record so maintained shall be available for inspection by the State Pollution Control Boards or Pollution Control Committees of UT as the case may be.

11. Freely importable materials for recycling

(1) The following items destined for recycling shall be freely importable:

(i) items placed under “free category” in Notifications issued by the Directorate General of Foreign Trade;

(ii) hazardous materials listed under an ‘Open General License’ of the Directorate General of Foreign Trade shall only be imported by those units who have been granted license for recycling by the Central Pollution Control Board or any other authority or agency designated by the Central Government in the Ministry of Environment and Forests in accordance with the procedure laid down under rule7.

Schedule III

[See rules 3(I), 14(I), 14(2) (i), (iii) and 15(I)]

Part A

Part A: List of Hazardous Wastes Applicable for Import with Prior Informed Consent [Annexure VII of the Basel Convention*]

Basel No.	Description of Hazardous Wastes
AI	Metal and Metal bearing wastes
A1010	-Antimony
	-Cadmium
	-Tellurium
	-Lead
A1020	Waste having as constituents or contaminants, excluding metal wastes in massive form as listed in B1020, any of the following;
	-Cadmium, cadmium compounds.
	-Antimony, antimony compounds.
	-Tellurium, tellurium compounds.
	-Lead, lead compounds.
A1040	Wastes having metal carbonyls as constituents
A1050	Galvanic sludges
A1060	Wastes Liquors from the pickling of metals.
A1070	Leaching residues from zinc processing, dusts and sludges such as jarosite, hermatite etc.,
A1080	Waste Zinc residues not included on list B containing lead and cadmium in concentrations sufficient to exhibit hazard characteristics indicated in Part C of Schedule – 3
A1090	Ashes from the incineration of insulated copper wire
A1100	Dusts and residues from gas cleaning systems of copper smelters.
A1110	Spent electrolytic solutions from copper electro refining and electro winning operations
A1120	Waste sludges, excluding anode slimes, from electrolytic purification systems in copper electro refining and electro winning operations.
A1130	Spent etching solutions containing dissolved copper
A1150	Precious metal ash from incineration of printed circuit boards not included in list ‘B’
A1160	Waste Lead acid batteries whole or crushed.
A1170	Unsorted waste batteries excluding mixtures of List B batteries.
A1180	Waste Electrical and electronic assembles or scrap containing, components such as accumulators and other batteries included on list A, mercury-switches, activated glass cullets from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Schedule 2 constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they exhibit hazard characteristics indicated in part C of this Schedule (refer B1110)
A2	Wastes containing principally inorganic constituents, which may contain metals and organic materials
A2010	Activated Glass cullets from cathode ray tubes and other activated glasses
A2030	Waste catalysts but excluding such wastes specified on List B of Schedule 3
A3	Wastes containing principally organic constituents which may contain metals and inorganic materials
A3010	Waste from the production or processing of petroleum coke and bitumen
A3020	Waste mineral oils unfit for their originally intended use
A3050	Wastes from production, formulation and use of resins, latex, plasticisers, glues/adhesives excluding such wastes specified in List B (B4020)
A3070	Waste phenol, phenol compounds including chlorophenol in the form of liquids or sludges
A3080	Waste ethers not including those specified in List B
A3120	Fluff: light fraction from shredding
A3130	Waste organic phosphorus compounds
A3140	Waste non-halogenated organic solvents but excluding such wastes specified on List B
A3160	Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations
A3170	Waste arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloroethane, vinylchloride, vinylidene chloride, allyl chloride and epichlorhydrin)
A4	Wastes which may contain either inorganic or organic constituents
A4010	Wastes from the production and preparation and use of pharmaceutical products but excluding such wastes specified on List B
A4040	Wastes from the manufacture formulation and use of wood preserving chemicals
A4070	Waste from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding those specified in List B (B4010)
A4080	Wastes of an explosive nature excluding such wastes specified on List B
A4090	Wastes Acidic or basic solutions excluding those specified in List B(B2120)
A4100	Wastes from industrial pollution control devices for cleaning of industrial off-gases excluding such wastes specified on List B
A4120	Wastes that contain, consist of or are contaminated with peroxides.
A4130	Wastes Packages and containers containing any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein.
A4140	Wastes consisting of or containing off specification or out-dated chemicals containing any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein.
A4150	Wastes Chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known
A4160	Spent activated carbon not included on List B (B2060)

* This List is based on Annex VIII of the Basel Convention on Transboundary Movement of Hazardous Wastes and comprises of wastes characterized as hazardous under Article 1, paragraph 1(a) of the Convention. Inclusion of wastes on this list does not preclude the use of hazard characteristics given in Annex VIII of the Basel Convention (Part C of this Schedule) to demonstrate that the wastes are not hazardous. Certain Waste categories listed in the Schedule -3 (Part-A) have been prohibited for import. Hazardous wastes in the Schedule – 3 (Part-A) are restricted and cannot be allowed without permission from Ministry of Enviroment & forests and DGFT lincense.

(PART- B)

List of Hazardous Wastes applicable for Import and Export not requiring Prior Informed Consent

[Annex IX of the Basel Convention*]

Basel No.	Description of Wastes
B1	Metal and metal-bearing wastes
B1010	Metal and metal-alloy wastes in metallic, non-dispersible form:
	- Thorium scrap
	- Rare earths scrap
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 containing residues****
B1031	Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder), excluding such wastes as specified in list A under entry A1050, Galvanic sludges****
B1060	Waste selenium and tellurium in metallic elemental form including powder****
B1070	Waste of copper and copper alloys in dispersible form, unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein ***
B1080	Zinc ash and residues including zinc alloys residues in dispersible form unless they contain any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein***
B1090	Waste batteries conforming to a standard battery specification, excluding those made with lead, cadmium or mercury. ****
B1100	Metal bearing wastes arising from melting, smelting and refining of metals:
	Slags from copper processing for further processing or refining containing arsenic, lead or cadmium***.
	- Wastes of refractory linings, including crucibles, originating from copper smelting
	Tantalum-bearing tin slags with less than 0.5% tin****
B1110	Electrical and electronic assemblies
	- Electronic assemblies consisting only of metals or alloys****
	- Waste electrical and electronic assemblies scrap (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or not contaminated with constituents such as cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein ****
	- Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse and not for recycling or final disposal.
B1120	Spent catalysts excluding liquids used as catalysts, containing any of:
	Transition metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A:
	Scandium Titanium
	Vanadium Chromium
	Manganese Iron
	Cobalt Nickel
	Copper Zinc
	Yttrium Zirconium
	Niobium Molybdenum
	Hafnium Tantalum
	Tungsten Rhenium
	Lanthanaides (rare earth metals):
	Lanthanum Cerium
	Praseodymium Neody
	Samarium Europium
	Gadolinium Terbium
	Dysprosium Holmium
	Erbium Thulium
	Ytterbium Lutetium
B1130	Cleaned spent precious metal bearing catalysts
B1140	Precious metal bearing residues in solid form which contain traces of inorganic cyanides
B1150	Precious metals and alloy wastes (gold, silver, the platinum group) in a dispersible form
B1160	Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A A1150)
B1170	Precious metal ash from the incineration of photographic film
B1180	Waste photographic film containing silver halides and metallic silver
B1190	Waste photographic paper containing silver halides and metallic silver
B1200	Granulated slag arising from the manufacture of iron and steel
B1210	Slag arising from the manufacture of iron and steel including slag as a source of Titanium dioxide and Vanadium
B1220	Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications mainly for construction
B1240	Copper Oxide mill-scale***
B2	Wastes containing principally inorganic constituents, which may contain metals and organic materials
B2010	Wastes from mining operations in non-dispersible form:
	- Natural graphite waste
	- Slate wastes
	- Mica wastes
	- Leucite, nepheline and nepheline syenite waste
	- Feldspar waste
	- Fluorspar waste
	- Silica wastes in solid from excluding those used in foundry operations
B2020	Glass wastes in non-dispersible from:
	- Glass Cullets and other wastes and scrap of glass except activated glass cullets from cathode ray tubes and other activated glasses
B2030	Ceramic wastes in non-dispersible form:
	Cermet wastes and scrap (metal ceramic composites)
	- Ceramic based fibres
B2040	Other wastes containing principally inorganic constituents:
	- Partially refined calcium sulphate produced from flue gas desulphurization (FGD)
	- Waste gypsum wallboard or plasterboard arising from the demolition of buildings
	- Sulphur in solid form
	- Limestone from production of calcium cyanamide (pH<9)
	- Sodium, potassium, calcium chlorides
	- Carborundum (silicon carbide)
	- Broken concrete
	- Lithium tantalum & Lillium-niobium containing glass scraps
B2060	Spent activated carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list A A4160)
B2070	Calcium fluoride sludge
B2080	Waste gypsum arising from chemical industry processes unless it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein
B2090	Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from other metallurgical industry)
B2100	Waste hydrates of aluminum and waste alumina and residues from alumina production, arising from gas cleaning, flocculation or filtration process
B2110	Bauxite residue ("red mud") (pH moderated to less than 11.5)
B2120	Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A A4090)
B3	Wastes containing principally organic constituents, which may 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:
	Ethylene
	Styrene
	Polypropylene
	polyethylene terephthalate
	Acrylonitrile
	Butadiene
	Polyacetals
	Polyamides
	polybutylene tere-phthalate
	Polycarbonates
	Polyethers
	polyphenylene sulphides
	acrylic polymers
	alkanes C1O-C13 (plasticiser)
	polyurethane (not containing CFC's)
	Polysiloxanes
	polymethyl methacrylate
	polyvinyl alcohol
	polyvinyl butyral
	Polyvinyl acetate
	- Cured waste resins or condensation products including the following:
	urea formaldehyde resins
	phenol formaldehyde resins
	melamine formaldehyde resins
	epoxy resins
	alkyd resins
	polyamides
	- The following fluorinated polymer wastes (excluding post-consumer wastes):
	Perfluoroethylene/ propylene
	Perfluoroalkoxy alkane
	Metafluoroalkoxy alkane
	polyvinylfluoride
	polyvinylidenefluoride
B3130	Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides
B3140	Waste pneumatic tyres excluding those which do not lead to resource recovery, recycling, reclamation or direct reuse
B4	Wastes which 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.";
[Part (B) substituted by MoEF Notification dated 30.03.2010]

*This list is based on Annex. IX of the Basel Convention on Transboundary Movement of Hazardous Wastes and comprises of wastes not characterized as hazardous under article-1 of the base Convention

** Import permitted in the country by the actual users without any licence or restrictions or by importer registered with State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State Pollution Control Board, on a quarterly basis. [Amended by Ministry of Environment and Forests Notification No. 23-17/2006-HSMD dated 21.07.2009; CBEC instruction No.401/48/2009-Cus.III dated 15.10.2009]

*** import permitted in the country for recycling/ reprocessing by units registered with MoEF/CPCB and having DGFT license.

**** Import in the country by the actual users with MoEF permission and DGFT license.

All other wastes listed in this schedule-3 (par-B) having no ‘star/s’(*…) can only be impotted in to the country with permission of MoEF.

Note:

(1) Copper dross containing copper greater than 65% and lead and cadmium equal to or less than 1.25% and 0.1% respectively; spent cleaned metal catalyst containing copper; and Copper reverts, cake and residues containing lead and cadmium equal to or less than 1.25% and 0.1% respectively are allowed for import without DGFT licence to units (actual users) registered with MoEF upto an annual quantity limit indicated in the Registration letter. Copper reverts, cake and residues containing lead and cadmium greater than 1.25% and 0.1% respectively are under restricted category for which import is permitted only against DGFT licence for the purpose of processing or reuse by units registered with MoEF (actual users).

(2) Zinc ash/skimmings in dispersible form containing zinc more than 65% and lead and cadmium equal to or less than 1.25% and 0.1% respectively and spent cleaned metal catalyst containing zinc are allowed for import without DGFT licence to units registered with MoEF (actual users) upto an annual quantity limit indicated in Registration Letter. Zinc ash and skimmings containing less than 65% zinc and lead and cadmium equal to or more than 1.25% and 0.1% respectively and hard zinc spelter and brass dross containing lead greater than 1.25% are under restricted category for which import is permitted against DGFT licence and only for purpose of processing or reuse by units registered with MoEF (actual users).

(PART C)

List of Hazardous Characteristics

Code	Characteristics
H1	Explosive
	An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings.
H3	Flammable liquids
	The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension(for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5ºC, closed-cup test, or not more than 65.6ºC, open-cup test. (Since the results of open-cup tests and of closed-cup-tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this definition.)
H4.1	Flammable solids
	Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction.
H4.2	Substances or wastes liable to spontaneous combustion
	Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire.
H4.3	Substances or wastes which, in contact with water emit flammable gases
	Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities.
H5.1	Oxidizing
	Substances or wastes which, while in them selves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials.
H5.2	Organic Peroxides
	Organic substances or wastes which contain the bivalent-o-ostructure are thermally unstable substances which may undergo exothermic self-accelerating decomposition.
H6.1	Poisons (Acute)
	Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact.
H6.2	Infectious substances
	Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans.
H8	Corrosives
	Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards.
H10	Liberation of toxic gases in contact with air or water
	Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities.
H11	Toxic (Delayed or chronic)
	Substances or wastes which, if they are in haled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity.
H12	Ecotoxic
	Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems.
H13	Capable, by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above.

(Part D)

Part D: list of Metal scrap, paper waste and other wastes applicable for import/export.

Basel No.	Description of wastes
B1	Metal and metal- bearing wastes
B1010	Metal and metal-alloy wastes in metallic, non dispersible form:
	- Precious metals (gold, silver, platinum)**
	- 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 sera**
	- Rhenium sera**
	- Gallium sera**
	- Magnesium scrap**
	- Copper scrap**
	- Chromium sera**
B1040	Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous**
B1050	Mixed non-ferrous metal, heavy fraction scrap, not containing any of the constituents mentioned in Schedule II to the extent of concentration limits specified therein**
B1100	Metal bearing wastes arising from melting, smelting and refining of metals except:
	- Hard Zinc Spelter**
	- Zinc containing drosses**
	- Galvanizing slab zinc top dross (>90% Zn)
	- Galvanizing slab zinc bottom dross (>92% Zn)
	- Zinc die casting dross (>85% Zn)
	- Hot dip galvanizers slab zinc dross (batch) (>92% Zn)
	- Zinc skimmings (>900/0Zn)
	- Slags from precious metals processing for further refining**
	- Aluminium skimming's (or skims) excluding salt slag**
B1230	Mill scaling arising from manufacture of iron and steel**
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 of:
	Unbleached paper or paperboard or of corrugated paper or paperboard
	Other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass
	Paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)
	Other, including but not limited to 1) laminated paperboard 2) unsorted scrap

This list is based on Annex. IX of the Basel Convention on Transboundary Movement of Hazardous Wastes and comprises of wastes not characterized as hazardous under Article -I of the Basel Convention;

[Part (D) inserted by MoEF Notification dated 30.03.2010]

Schedule IV

[(See rules),8(I)and 9]

PART A

List of Hazardous Wastes requiring Registration for recycling/Reprocessing

SNo.	Wastes
1	Brass Dross
2	Copper Dross
3	Copper Oxide mill scale
4	Copper reverts, cake and residue
5	Waste Copper and copper alloys in dispersible form
6	Slags from copper processing for further processing or refining
7	Insulated Copper Wire Scrap/copper with PVC sheathing including ISRI-code material namely “Druid”
8	Jelly filled copper cables
9	Spent cleared metal catalyst containing copper
10	Spent catalyst containing nickel, cadmium, zinc, copper and arsenic
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 form
16	Spent cleared metal catalyst containing zinc
17	Lead acid battery 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 on list A, mercury switches activated glass cullets from cathodc-ray tubes and other activated glass and PCB-capacitors, or any other component contaminated with schedule 2 constituents (e.g. cadmium, mercury lead, polychlorinated biphenyl) to an extent that they exhibit hazard characteristic indicated in part C of this schedule.
19	Paint and ink Sludge/residues
20	Used Oil and Waste Oil as per the specifications prescribed from time to time

Schedule - V

[See rule 3 (ze) and (zf)]

PART A

Specification of oil suitable for reprocessing/ recycling

SNo.	Parameter	Maximum permissible Limits
(1)	(2)	(3)
1.	Polychlorinated biphenyls (PCBs)	<2ppm
2.	Lead	100 ppm
3.	Arsenic	5ppm
4.	Cadmium+Chromium+Nikel	500 ppm
5.	Polyaromatic hydrocarbons(PAH)	6%

PART B

Specifications of fucl derived from Waste Oil

S.No.	Parameter	Maximum Permissible Limits
(1)	(2)	(3)
1.	Sediment	0.25%
2.	Lead	100ppm
3.	Arsenic	5ppm
4.	Cadmium+Chromium+nickel	500ppm
5.	Polyaromatic hydrocarbons(PAH)	6%
6.	Total halogens	4000ppm
7.	Polychlorinated biphenyls (PCBs)	<2ppm*
8.	Sulfur	4.5%
9.	Water Content	1%

The detection limit is 2 ppm by Gas Liquid Chromatography (GLC) using Election Capture detector (ECD)

Schedule VI

[See rule 13(4)]

Hazardous Wastes Prohibited for Import and Export

SNo.	Basel No.	Description of Hazardous Wastes
1.	A 1010	Mercury bearing wastes
2.	A 1030	Waste having Mercury: Mercury Compounds as constituents or contaminants
3.	A 1010	Beryllium bearing wastes
4.	A 1020	Waste having Beryllium: Beryllium Compound as constituents or contaminants
5.	A 1010	Arsenic bearing wastes
6.	A 1030	Waste having Arsenic: Arsenic compounds as contituents or contaminants
7.	A 1010	Selenium bearing wastes
8.	A 1020	Waste having Selenium; Selenium Compounds as constituents or contaminants
9.	A 1010	Thallium bearing wastes
10.	A 1030	Waste having Thallium; Thallium Compounds as constituents or contaminants
11.	A 1040	Hexavalent Chromium Compounds bearing wastes
12.	A 1140	Wastes Cupric Chloride and Copper Cyanide Catalysts bearing wastes
13.	A 1190	Waste metal cable coated or indulated with plastics containing or contaminated coal tar, PCB” lead, cadmium, other organohalogen compounds or other constituents as mentioned in Schedule 2 to the exlent of concentration limits specified therein.
14.	A 2040	Waste inorganic fluorine compounds in the form of liquid or sludge but excluding calcium fluoride sludge.
15.	A 2040	Waste gypsum arising from chemical industry processes if it contains any of the constituents mentioned in Schedule 2 to the extent of concentration limits specified therein
16.	A 2050	Waste Asbestos (Dust and Fibres)
17.	A 3030	Waste that consist of or are contaminated with lcaded anti knock compound sludge or leaded petrol (gasoline) sludge.
18.	A 3040	Waste Thermal (heat transfer) fluids.
19.	A 3060	Waste Nitrocellulose.
20.	A 3090	Waste leather dust, ash, sludge or flours when containing hexavalent chromium compounds or biocides.
21.	A 3100	Waste paring and other wastes of leather composition leather not suitable for the manufacturer of leather articles, containing hexavalent chromium compounds and biocides.
22.	A 3110	Fellmongery wates containing hexavalent chromium compounds or biocides or infectious substanccs.
23.	A 3150	Halogenated organic solvents.
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 nephthalenes (PCN) and/ or polybrominated biphyenyles (PBB) or any other polybrominated analogucs of these compounds.
25.	A 3190	Waste tarry residues (excluding asphalt cements) arising from refining, distillation and pyrolitic treatment of organic materials)
26.	A 4020	Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices and wastes generated in hospital or other facilities during the investigation or treatment of patients, or research projects.
27.	A 4030	Waste from the production, formulation and use of biocides and phyto-pharmaceuticals, including waste pesticides and hebicides which are off-specification, out-dated, and/or unfit for their originally intended use.
28.	A 4050	Waste that contain, consist of, or are contaminated with any of the following; Inorganic cyanides, excepting precious metal bearing residues in solid form containing traces of inorganic cyanides. Organic cyanides.
29.	A 4060	Waste oil/water, hydrocarbons/water mixtures, emulsions
30.	A 4110	Wastes that contain, consist of or are contaminated with any of the following:
		- Any congenor of polychlorinated dibenzofuran
		-Any congenor of polychlorinated dibenzo-dioxin.

Rules 15 and 16 of Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008

15. Procedure for export of Hazardous Wastes from India –

(1) Any person intending to export hazardous wastes specified in Schedule – III shall apply in Form 7 and Form 8 along with full cover insurance policy for consignment to the Central Government for the proposed transboundary movement of the hazardous wastes together with the Prior Informed Consent in writing from the importing country.

(2) On receipt of such application, the Central Government may give a ‘No Objection Certificate’ for the proposed export within a period of sixty days from the date of submission of the application and may impose conditions as it may consider necessary.

(3) The Central Government, shall forward a copy of the ‘No Objection Certificate’ granted under sub-rule (2), to the Central Pollution Control Board, the concerned State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions, If any, of the export and to take appropriate steps for the safe handling of the waste shipment.

(4) The exporter shall ensure that no consignment is shipped before the ‘No Objection Certificate’ is received from the importing country.

(5) The exporter shall also ensure that the shipment is accompanied with the Movement Document in Form 9.

(6) The exporter shall inform the Ministry of Environment and Forest upon completion of the trans-boundary movement.

(7) The exporter of the hazardous wastes shall maintain the records of the hazardous wastes exported by him in Form 10 and the record so maintained shall be available for inspection.

16. Procedure for import of Hazardous Waste –

(1) A person intending to import or transit for trans-boundary movement of hazardous wastes specified in Schedule-III shall apply in Form 7 and Form 8 to the Central Government of the proposed import wherever applicable, together with the Prior Informed Consent, which ever applicable and shall send a copy of the application, simultaneously, to the concerned State Pollution Control Board to enable them to send their comments and observation, if any, to the ministry of Environment and Forests within a period of thirty days.

(2) On receipt of the application in complete, the Ministry of Environment and Forests 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 –

(i) the environmentally sound recycling, recovery or reuse facilities;

(ii) adequate facilities and arrangement for treatment and disposal of wastes generated; and

(iii) a valid registration from the Central Pollution Control Board and a proof of being an actual user, if required under these rules.

(3) The Ministry of Environment and Forests shall forward a copy of the permission granted under sub-rule (2) to the Central Pollution Control Board, the concerned State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and safe handling of the hazardous waste.

(4) The Ministry of Environment and Forests shall communicate the permission to the importer.

(5) The Port and Customs authorities shall ensure that shipment is accompanied by the Movement Document in Form 9 and the test report of analysis of the hazardous waste consignment in question, from a laboratory accredited by the exporting country.

Provided that the Port or Customs authorities shall, in case of import of metal scrap, paper waste and other wastes covered under Basel numbers B1010, B1040, B1050, B1100, B1230 and B3020 as specified in Part D of the Schedule III, ensure that shipment is accompanied by the Movement Document in Form 9 and preshipment inspection certificate issued by the inspection agency certified by the exporting country.

[Proviso inserted by MoEF notification dated 21st July 2009; Substituted by MoEF Notification dated 30.03.2010]

(6) The Customs authority shall collect three randomly drawn samples of the consignment (prior to clearing the consignment as per the provisions laid down under the Customs Act, 1962) for analysis and retain the report for a period of tow years, in order to ensure that in the event of any dispute, as to whether the consignment conforms or not to the declaration made in the application and Movement Documents.

(6A) Nothing contained in sub-rule (6) shall apply to the metal scrap, paper waste and other wastes covered under the Basel numbers B1010, B1040, B1050, B1100, B1230 and B3020 as specified in Part D of the Schedule III:

[Sub-rule (6A) inserted by MoEF notification dated 21st July 2009; Substituted by MoEF Notification dated 30.03.2010]

Provided that the Customs authority may, at any time if it considers necessary, make random inspection of the consignment prior to clearing the consignment.

(7) The importer of the hazardous waste shall maintain records of the hazardous waste imported by him in Form 10 and the record so maintained shall be available for inspection.

(8) The importer shall also inform the concerned State Pollution Control Board and the Central Pollution Control Board, the date and time of the arrival of the consignment of the hazardous waste ten days in advance.

Movement Documents and PSI Certificate Must for Six Specified Metal Scrap, Electrical Scrap and Paper Scrap

· Rules 6 of Hazardous Waste Rules on Permit not Applicable on Six Specified Metal Wastes and Paper Wastes

· Paper Wastes Import Freed under Hazardous Wastes Rules 2008

· New Form 9 Notified for Transboundary Movement – Notified

[Ref: Ministry of Environment and Forests Notification dated 21st July 2009]

In exercise of powers conferred by Sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules to amend the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, namely :—

1. (1) These rules may be called the Hazardous Wastes (Management Handling and Transboundary Movement) Amendment Rules, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as the said rules), in rule 16,—

(a) in sub-rule (5), the following shall be inserted, namely:

"Provided that the Port or Customs authorities shall, in case of import of hazardous wastes covered under Basel numbers B1010, B1040, B1050, B1100, B1230 and B 3020 as specified in Part B of the Schedule III, ensure that shipment is accompanied by the Movement Document in Form 9 and preshipment inspection certificate issued by the inspection agency certified by the exporting country.";

(b) after sub-rule (6), the following sub-rule shall be inserted, namely:-

"(6A) Nothing contained in sub-rule (6) shall apply to the hazardous wastes covered under the Basel numbers B1010,B1040,B1050,B1100, B1230 and B 3020 as specified in Part B of the Schedule III:

Provided that the Customs authority may, at any time if it considers necessary, make random inspection of the consignment prior to clearing the consignment.".

3. In the said rules, in rule 18, in sub-rule (5), for the word and figure "Form 10", the word and figure "Form 3" shall be substituted.

4. In the said rule, in Schedule III,—

(i) in Part B, against Basel number B3O20, in the entries under column (2), for the words and signs "Paper, paperboard and paper products wastes ***", the following words and signs shall be substituted, namely:— "Paper, paperboard and paper product wastes **” ;

(ii) after the entries relating to Part B and before the Note, for the signs and words

"** Import permitted in the country without any license or restriction" the following signs and words shall be substituted, namely:—

"** Import permitted in the country by the actual users without any license or restriction."

5. In the said rules, in Form 3, for the words, figures and brackets "See rules 5(6) and 22(1)", the words, figures and brackets" See rules 5(6), 18(5) and 22 (1)" shall be substituted.

6. In the said rule, for the Form 9 and the entries relating thereto, the following Form and entries shall be substituted, namely :—

"FORM-9

[Seerulesl5(5)16(5),16(6)]

TOANSBOUNDARY MOVEMENT-MOVEMENT DOCUMENT

S. No.	Description	Details to be furnished by the Exporter/ Importer
1.	(i).Exporter (Name and Address) Contact personTel/Fax
	(ii).Waste Generator/Exporter for ** category (name and address):
	Contact person with Tel ./Fax
	(iii) Site of generation (excluded for**category)
2.	Importer/recycler (name and address) Contact person with Tel/Fax Movement subject to single/multiple
3.	Corresponding to applicant Ref. No. if any
4.	Bill of lading (attach copy)
5.	Designation and chemical composition of the waste
6.	Physical characteristics (3)
7.	Actual quantity kg/litre:
8	Waste Identification code
	Basel No
	OECD No.
	UN No.
	ITC(HS)
	Customs Code (H.S.)
	Other (specify)
9.	OECD Classification (2)
	(a). amber/red/other [attach details]
	(b). number
10.	Packaging Type (3) Number
11.	UN Classification
	UN Shipping name
	UN Identification No.
	UN Class (3)
	H Number (3)
	Y Number
12.	Special handling requirements
13.	Exporter's declaration for hazardous waste:
	I certify that the information in SI. No. 1 of 12 above is complete and correct to my best knowledge. I also certify that legally-enforceable written contractual obligations have been entered into and are in force covering the transboundary movement regulations/Rules. Date: Signature: Name: Exporter's declaration for waste paper: I certify that the information in Sl. No. 1 of 12 above is correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into. I also certify that the consignment does not have any Hazardous waste, Municipal waste or Biomedical waste. Date: Signature: Name:

TO BE COMPLETED BY IMPORTER/RECYCLER Item No. 7

14. Shipment received by Importer/Recycler Quantity received ……………………Kg/litres

Date:

Name:

Signature

15. Methods of Recovery
R Code if applicable Technology
employed (Attached details if necessary)

I certify that nothing other than declare goods covered as per HW ( M, H and TM) Rules is intended to be imported in the above referred consignment and will be recycled.

Signature

Date :

SPECIFIC CONDITIONS ON CONSENTING (attach details)TO THE MOVEMENT if applicable.

Notes:—(1) Attach list, if more than one; (2) Enter X in appropriate box; (3) See codes on the reverse (x) Immediately contact Competent Authority; (4) If more than three carriers, attach information as required in SI. No. 5.

List of abbreviations used in the Movement Document

Recovery Operations (S.NO.7)

R1 Use as a fuel (other than in direct incineration) or other means to generate energy

R2 Solvent reclamation/regeneration

R3 Recycling/reclamation of organic substances which are not used as solvents

R4 Recycling/reclamation of metals and metal compounds

R5 Recycling/reclamation of other inorganic materials

R6 Regeneration of acids or bases

R7 Recovery of components used for pollution abatement

R8 Recovery of components from catalysts

R9 Used oil re-refining or other reuses of previously used oil

R10 Land treatment resulting in benefit to agriculture or ecological improvement

R11 Uses of residual materials obtained from any of the operations numbered R1 to R 10

R12 Exchange of wastes for submission to any of the operations numbered R 1 to R 11

R13 Accumulation of material intended for any operation numbered R1 to R 12

MEANS OF TRANSPORT (SI. No. 5)	PACKAGING TYPES (SI. No. 13)	H NUMBER (S.No.14) AND UN CLASS (SL No.14)
1	2	3
R = Road T= Train/Rail S=Sea A = Air W=Inland Waterways	1. Drum 2. Wooden barrel 3. Jerrican 4. Box 5. Bag 6. Composite packaging 7. Pressure receptacle 8. Bulk 9. Other (specify)	UN Class 1 3 4.1 4.2 4.3 5.1 5.2 6.1 6.2 8 9 9 9 9	H Number HI H3 H4.1 H4.2 H4.3 H5.1 H5.2 H6.1 H6.2 H8 H10 H 11 H12 H13	Designation Explosive Inflammable liquids Inflammable solids Constituents or wastes liable to spontaneous combustion Constituents or wastes which, in contact with Water emit inflammable gases Oxidizing Organic peroxides Poisonous (acute) Infectious wastes Corrosives Liberation of toxic gases in contact with air or water Toxic {delayed or chronic) Ecotoxic Capable, by any means, after disposal of yielding another material e.g. leachate, which possesses any of the characteristics listed above

PHYSICAL CHARACTERISTICS (SL No 09)

I. Powdery/powder 2.Solid 3. Viscous/paste 4. Sludge 5. Liquid 6. Gaseous 7. Other (specify)

Y Number ( S.No. 13 ) refer to categories of waste listed in Annexure I and II of the Basel Convention as well as more detailed information can be found in an instruction manual available from the Secretariat of the Basel Convention".

7. In the said rules, in Form 10, for the words, brackets and figures "See rules 15 (5) and 16 (5)", the words, brackets and figures "See rule 15(5)" shall be substituted.

[No.23-I7/2006-HSMD]

Form 16

Form for Registration of Traders for Schedule III, Part (D).

[To be submitted by trader to the State Pollution Control Boards/Pollution Control Committees]

1 Name and Address of the Trader with Telephone and Fax Numbers (With proof):

2 TIN/VAT Number/Import Export Code:

3 Description of the waste to be imported:

4 Details of storage, if any:

Signature of the authorized person

Place:

Date:

[Form 16 inserted by MoEF Notification dated 30.03.2010]

AU Condition to Operate even on Free Imports under Hazardous Waste Category

[Ref: CBEC Instruction No.401/48/2009-Cus.III dated 15th October 2009]

Subject: Implementation of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 – Second amendment to the said Rules.

Please refer to the Board’s instructions of even number dated 24.8.2009 and the Notifications No. S.O. 2447 (E) dated 23rd September, 2009 (copy enclosed) and S.O. (E) 1799 dated 21st July, 2009 issued by the Ministry of Environment and Forests (MoEF) on the above mentioned subject.

2. In this regard, it is stated that the Ministry of Environment and Forests (MoEF) vide its O.M. F.No.23-76/2009-HSMD dated 1.10.2009 (copy enclosed) had clarified that the amendments introduced in the Notification dated 23.9.2009 should be read in continuation of earlier amendment of 21.7.2009. it is also stated that these amendments pertain to the category of Waste, which do not require either MoEF approval or DGFT licence, i.e. the waste products mentioned in Part B of Schedule III to the aforesaid Rules suffixed with ** (double asterisk), which shall be subject to the following condition:

“Import permitted in the country by the actual users without any licence or restrictions or by importer registered with State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State Pollution Control Board, on a quarterly basis.”

3. The MoEF has also stated that the import consignment of hazardous waste shall be accompanied by the shipment movement document i.e. Form – 9 and the test report of analysis of the hazardous waste under import, from a laboratory accredited by the exporting country under Rule 16(5) of the aforesaid Rules. The amendment vide Notification dated 23.9.2009 seeks to provide an alternative to the test report by means of an pre-shipment inspection certificate issued by Inspection and Certification Agency approved by the DGFT.

4. However, as regards to the amended provision, permitting import by persons other than actual users on behalf of actual users since the State Pollution Control Boards may take some more time to complete the process of registration, they have requested to issue instructions to the Customs authorities to clear the consignments based on fulfillment of other conditions as stipulated in the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008.

5. In view of the above, Board hereby instructs that the amendments introduced in the aforesaid Rules and the instructions of the MoEF vide their O.M.F.No.23-76/2009-HSMD dated 1st October, 2009 may be implemented by all the Customs field formations. Since the nodal officers would have been designated in each of the Commissionerates, they may be requested to liaise with the respective State Pollution Control Board for effective implementation of the above mentioned change.

6. The field formations as well as trade and industry may be suitably informed.

Ministry of Environment and Forests

Notification

New Delhi, the 23rd September, 2009

S.O. 2447(E).- In exercise of the powers conferred by sections 6,8, and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, namely:-

1. (1)These rules may be called the Hazardous Wastes (Management, Handling and Transboundary Movement) Second Amendment Rules, 2009.

(2)They shall come into force on the date of their publication in the Official Gazette.

2. In the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as the said rules), in rule 16, in sub-rule (5), in the proviso, after the words “the exporting country”, the words “or the inspection and certification agency approved by the Director General of Foreign Trade” shall be inserted.

3. In Schedule III to the said rules, in Part B, after the entries and before the Note, after the words “without any license or restriction”, the words “or by importer registered with the State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State Pollution Board on a quarterly basis” shall be inserted.

[F.No. 23-27/2006-HSMD]

F.No.23-76/2009-HSMD

Government of India

Ministry of Environment & Forests

Paryavaran Bhawan

C.G.O. Complex, Lodi Road

New Delhi-110003

Dated: 1st October 2009

Office Memorandum

Subject: Second Amendment to Hazardous Waste (Management, Handling & Transboundary) Rules, 2008

This has reference to the Second Amendment vide S.O. No. 2447(E) dated 23rd September, 2009 to the Hazardous Waste (Management, Handling & Transboundary) Movement Rules, 2008 (25 copies enclosed). This amendment should be read in continuation of the earlier amendment of 21st July, 2009.

2. These amendments pertain to the category of wastes, which do not require either MoEF approval of DGFT licence, i.e. wastes marked as ** category in the Schedule III (Part B) of the aforesaid Rules.

3. The first amendment pertains to Rule 16, sub-rule (5) which provides for ensuring that the shipment is accompanied by the Movement Document, i.e. Form 9 and pre-shipment inspection certificate issued by inspection agency certified by the exporting country. The alternative of an inspection and certification agency approved by the Director General of Foreign Trade (DGFT) has now been added. Further, in addition to actual user, importers on behalf of actual users can also import subject to the following conditions-

(a) They will require to the registered with the respective State Pollution Control Boards (SPCBs); and

(b) They will furnish quarterly returns to the SPCBs, which will include details of actual users along with the quantities.

4. With regard to the amended provision mentioned in the above para, the State Pollution Control Boards (SPCBs) have been requested to undertake registration of importers who intend to import wastes on behalf of the actual users. Since this is a new provision and registration by the SPCBs may take some time, it may not be feasible to apply this to the consignments that have already arrived or are in transit. An interim period of two months for registration may, therefore, be allowed. Until then, Customs authorities could clear the consignments based on fulfillment of other conditions as stipulated in the Hazardous Waste Rules, 2008, so as to ensure that there is no misdeclaration.

5. Instructions may accordingly be issued to the Customs Authorities.

6. This issues with the approval of Competent Authority.

Hazardous Waste Rules to Apply in SEZs

[SEZ Circular No. 40 dated 1st October 2009]

Subject: Effective implementation of the Hazardous Waste Rules, 2008 - Reference from M/so Environment & Forests regarding.

Kindly find enclosed a copy of OM no. 23-16/2009-HSMD dated 24th September 2009 from M/o Environment & Forests on the captioned subject for further necessary action.

[F.No.C.6/10/2009-SEZ]

F.No. 23-16/2009-HSMD

Government of India

Ministry of Environment & Forests

Paryavaran Bhawan

C.G.O. Complex, Lodi Road

New Delhi 110003

Dated 24th September, 2009

Office Memorandum

Subject: Effective implementation of the Hazardous Waste Rules, 2008

This is with reference to improving implementation of the Hazardous Waste Rules, 2008. The Ministry has constituted a co-ordination committee in Jan 2009, comprising of representatives of the Ministries of Shipping, Finance and Commerce (DGFT), CPCB and selected SPCBs and experts for effective implementation of the Hazardous Waste Rules, 2008, especially related to import and export matters.

2. Recently the committee visited Kandla Special Economic Zone (KSEZ), held discussions with the Development Commissioner (DC) and visited some of the units recycling plastic waste. As per the legal framework of SEZs, Approval Committees have been set up under the respective DCs for granting approvals for setting up of units in the SEZs. The Approval Committees meet on a regular basis and have representatives from the State Government and GOI. It is felt that the officers of the State Pollution Control Boards should attend these meetings and assist the DCs in ensuring compliance of the environmental regulations, especially Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008. This will also ensure that all required environmental norms are met before approval for setting up of units in SEZs.

3. SPCBs can also use this forum to acquaint the SEZ officers & Customs authorities about the provisions of the Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008. In particular, it needs to be emphasized that --

a) no import of hazardous waste form any country to India for disposal is permitted.

b) import shall be only for the intended use of recycling or recovery or reuse.

c) Customs authorities at the Posts have the responsibility to verify the documents, draw random samples prior to clearing the consignment and ensure that each consignment is accompanied by movement document (Form-9) and a certification from an accredited agency. They are also required to take action under the Customs Act, 1962 against importers found to be violating these rules.

4. It is requested that the SPCBs should monitor the units which are recycling/ reprocessing imported waste on a regular basis, take action against violations and keep the Ministry informed.

Implementation of Hazardous Waste Movements

[F.No. 401/148/2008-Cus.III dated 3rd December 2009]

Subject: Implementation of the decisions taken by MoEF in respect of Hazardous Waste (Management, Handling and Transboundary) Rules, 2008.

Please refer to the Board’s instructions of even number dated 24.8.2009 and 15.10.2009 and the Notifications No. S.O. 2447 (E) dated 23rd September, 2009 and S.O. (E) 1799 dated 21st July, 2009 issued by the Ministry of Environment and Forests (MoEF) on the above mentioned subject.

2. In this regard, it is stated that the Ministry of Environment and Forests (MoEF) held a meeting on 17.11.2009 with the State Pollution Control Boards (SPCBs), Central Pollution Control Board and CBEC to ascertain the status of registration process taken up by the SPCBs concerned and the difficulties faced by the trade in complying with the provisions of the aforesaid Rules.

3. After deliberations, the MoEF has clarified vide its 0.M.F.No.22-27/2006-HSMD dated 24.11.2009 on the following points:

(i) The SPCBs will register the traders at the earliest as per Form - I of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008. The Form - I, is the form for obtaining authorisation for collection / reception / treatment / storage / disposal of hazardous waste. Hence, certain columns of the forms such as SI.No.4 to 7 in Part A, SI.No.8(a) to 8(c) and 9 in Part B, and SI.No.1 0 in Part C, are not applicable for the importers who are not actual users in respect of ** (double asterisk) category of waste listed in Schedule III of Part B to the aforesaid Rules. However, the importers should intimate the Import Export Code (IEC) No. to the SPCBs. Further, it has been clarified that the traders need to register for import on behalf of actual users with only one SPCB.

(ii) The time given for traders to get themselves registered with SPCBs has been extended by MoEF for another two months i.e. from 30.11.2009 to 31.1.2010. In the meantime, imported shipments of ** (double asterisk) category of waste listed in Schedule III of Part B would, be cleared by Customs authorities subject to all other conditions being met i.e. they must accompany by Movement Document in Form 9 and Pre-shipment Inspection Certificate and random inspections by Customs authorities.

(iii) The MoEF has explained that prior to the issue of Notification dated 21.7.2009, import of metal scrap was being allowed without any restriction (i.e. there was no distinction between actual user and trader). The difficulty experienced as a result of 21.7.2009 notification has been addressed by the subsequent amendment Notification dated 23.9.2009. The purport of the Rules is to ensure that metal scrap which is otherwise allowed to be imported without MoEF permission and DGFT licence is not mixed with other illegal waste.

Therefore, MoEF had clarified that the Customs authorities shall be instructed to clear the consignments imported by traders during the interim period from 21.7.2009 to 23.9.2009 subject to the fulfilment of other essential conditions namely Form 9 (Movement Document), Pre-shipment Inspection certificate and random inspection by Customs authorities to ensure that the consignment contain only permitted metal scrap as per declaration.

4. In view of the above, Board hereby instructs that the above clarifications communicated by MoEF may be implemented by all the Customs field formations. The designated nodal officers in each of the Commissionerates may be requested to liaise with the respective State Pollution Control Board for effective implementation of the above clarifications / decisions of the MoEF.