Overview

The import and export of hazardous wastes in India are regulated under a robust legal framework aimed at ensuring the safe and environmentally sound management of hazardous materials. These regulations are crucial for protecting public health and the environment from the potential dangers posed by hazardous wastes. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, form the cornerstone of this regulatory framework, aligning India’s policies with international conventions such as the Basel Convention, the Rotterdam Convention, the Stockholm Convention, and the Minamata Convention.

India generates significant quantities of hazardous wastes annually, necessitating stringent control measures for their import and export. These wastes include industrial chemicals, e-waste, biomedical waste, and other materials classified as hazardous due to their toxic, reactive, flammable, or corrosive properties. The management of these wastes involves their collection, storage, treatment, and disposal in an environmentally sound manner.

Compliance with hazardous waste regulations is mandatory for all industries dealing with such materials. The Ministry of Environment, Forest, and Climate Change (MoEF&CC) is the primary regulatory body overseeing these activities. The Ministry ensures that hazardous waste transactions adhere to national and international safety standards to prevent environmental contamination and safeguard human health.

The import of hazardous wastes into India is strictly regulated to prevent the country from becoming a dumping ground for hazardous materials from other nations. Importers must obtain prior permission from the MoEF&CC, demonstrating their capability to manage and dispose of the wastes in an environmentally sound manner. Similarly, the export of hazardous wastes from India is controlled to ensure that these materials are handled and disposed of safely in the receiving country.

India’s commitment to international conventions underscores the country’s dedication to global environmental protection standards. The Basel Convention aims to minimize the generation of hazardous wastes and regulate their transboundary movements. The Rotterdam Convention ensures that hazardous chemicals and pesticides are traded with prior informed consent. The Stockholm Convention seeks to eliminate or restrict the production and use of persistent organic pollutants (POPs). The Minamata Convention addresses the health and environmental risks posed by mercury.

In conclusion, the import and export of hazardous wastes in India are governed by comprehensive regulations designed to protect the environment and public health. Industries must comply with these regulations to legally engage in the transboundary movement of hazardous wastes. By adhering to these stringent guidelines, India aims to achieve sustainable and responsible management of hazardous wastes, contributing to global environmental conservation efforts.

About Approval

Obtaining approval for the import and export of hazardous wastes in India is a critical process regulated by the Ministry of Environment, Forest, and Climate Change (MoEF&CC). This approval ensures that all hazardous waste transactions comply with stringent national and international safety and environmental standards. The approval process is designed to prevent environmental contamination and protect public health, aligning with India’s commitment to global environmental conventions.

The process of obtaining approval begins with the submission of a detailed application to the Hazardous Substances Management Division (HSMD) of the MoEF&CC. The application must include comprehensive information about the type and quantity of hazardous waste, the methods of storage, treatment, and disposal, and the measures in place to ensure environmental and human safety. This detailed documentation is crucial for demonstrating compliance with both national regulations and international standards.

Upon receiving the application, the HSMD conducts a thorough review to ensure that all necessary information has been provided and that the proposed management methods meet the required safety standards. This review process may involve on-site inspections and consultations with experts to verify the accuracy and feasibility of the proposed waste management plan.

Approval for the import of hazardous wastes requires proof that the importing facility has the capacity and capability to handle and dispose of the wastes in an environmentally sound manner. This includes demonstrating adherence to the principles of the Basel Convention, which mandates the minimization of hazardous waste generation and the safe and environmentally sound management of such wastes.

Similarly, approval for the export of hazardous wastes involves ensuring that the receiving country has the infrastructure and regulations in place to manage and dispose of the wastes safely. This aligns with the requirements of the Rotterdam Convention, which ensures that hazardous chemicals and pesticides are traded with prior informed consent, and the Stockholm Convention, which seeks to eliminate or restrict the production and use of persistent organic pollutants (POPs).

In conclusion, the approval process for the import and export of hazardous wastes in India is a comprehensive and stringent procedure aimed at safeguarding the environment and public health. By securing the necessary approvals, industries can ensure compliance with national and international regulations, contributing to the responsible and sustainable management of hazardous wastes.

The Hazardous Substances Management Division (HSMD) is the nodal entity within the Ministry responsible for the management of chemical emergencies and hazardous substances. Its primary objective is to promote the safe management and use of hazardous substances, including chemicals and wastes, to prevent damage to health and the environment. HSMD also coordinates with several international conventions, such as the Basel, Rotterdam, Stockholm, and Minamata Conventions, and the Strategic Approach to International Chemicals Management.

Authorized E-Waste Recyclers/Dismantlers

The Ministry has authorized several e-waste recyclers and dismantlers to ensure the safe processing and recycling of electronic waste. This initiative supports the Extended Producer Responsibility (EPR) and promotes environmental sustainability.

Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal aims to protect human health and the environment from the adverse effects of hazardous wastes. The convention covers a wide range of hazardous wastes and two types of "other wastes" (household waste and incinerator ash).

Rotterdam Convention

The Rotterdam Convention facilitates the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade. It ensures that exporting countries obtain consent before shipping hazardous chemicals to importing countries.

Stockholm Convention

The Stockholm Convention on Persistent Organic Pollutants (POPs) aims to protect human health and the environment from chemicals that remain intact in the environment for long periods, become widely distributed geographically, and accumulate in the fatty tissue of living organisms.

Minamata Convention on Mercury

The Minamata Convention on Mercury is a global treaty to protect human health and the environment from the adverse effects of mercury. It includes measures to control the supply and trade of mercury, reduce mercury use in products and processes, and address mercury waste.

Strategic Approach to International Chemicals Management (SAICM)

SAICM is a global policy framework to foster the sound management of chemicals, ensuring that by 2020, chemicals are produced and used in ways that minimize significant adverse impacts on the environment and human health.

Chemical Safety

The Ministry has notified rules to ensure chemical safety, such as the Manufacture, Storage and Import of Hazardous Chemicals (MSIHC) Rules, 1989, and the Chemical Accidents (Emergency Planning, Preparedness and Response) (CAEPPR) Rules, 1996. These rules help identify Major Accident Hazard (MAH) units and require the establishment of crisis groups at various levels to manage chemical accidents.

Hazardous Waste Management

National Inventory of Hazardous Wastes

India generates about 7.90 million tonnes of hazardous waste annually. The Ministry has initiated a GIS-based National Hazardous Waste Information System (NHWIS) to provide a status of hazardous waste management across the country.

Treatment, Storage, and Disposal Facilities (TSDFs)

There are currently 38 TSDFs, including integrated facilities, common secure landfills, and common incinerators, available across various states. Financial assistance is provided for setting up new projects and ongoing projects.

E-Waste Management

The E-Waste (Management) Rules, 2011, enforce the Extended Producer Responsibility (EPR), requiring producers to set up collection centers or take-back systems. Authorized e-waste recyclers ensure the environmentally sound management of e-waste.

Solid Waste Management

Municipal Solid Waste Management

India generates approximately 1,33,760 metric tonnes of municipal solid waste per day. The Ministry has notified the Municipal Solid Wastes (Management and Handling) Rules, 2000, to manage this waste sustainably.

Plastic Waste Management

The Plastic Waste (Management and Handling) Rules, 2011, mandates municipal authorities to establish waste management systems for the safe collection, storage, segregation, transportation, processing, and disposal of plastic waste.

Bio-Medical Waste Management

India generates about 4.16 tonnes of biomedical waste per day. The Bio-Medical Waste (Management and Handling) Rules, 1998, guide the management and disposal of this waste. The Ministry is in the process of finalizing updated rules to address new challenges.

Fly Ash Utilization

The Ministry promotes the utilization of fly ash from coal/lignite-based thermal power stations to protect the environment and conserve topsoil. The Fly Ash Utilization Notification prescribes targets for fly ash utilization, aiming for 100% usage.

Import and Export of Hazardous Wastes

The import and export of hazardous wastes are regulated under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The rules require various documents for the appraisal of applications, including Form 5, justifications for import/export, valid consents, and authorizations.

• Import of Lead Scrap/Battery Scrap
• Required documents include Form 5, consent under Water and Air Acts, lead analysis report, and more.
• Import of Waste Tyres/Rubber Scrap
• Required documents include Form 5, process flow chart, and evidence of previous imports.
• EEAs for Repair or Renting
• Required documents include Form 5, justification for import, and undertaking for re-export.
• Import of Used Oil
• Required documents include Form 5, composition analysis, and agreement between buyer and seller.
• Export of Used EEAs
• Required documents include Form 5, consent under Water and Air Acts, and valid insurance policy.

Approval Process for Hazardous Waste Import and Export in India

Obtaining approval for the import and export of hazardous wastes in India is a crucial step for businesses involved in handling these materials. The approval process ensures that hazardous wastes are managed in a way that minimizes risks to human health and the environment. The Ministry of Environment, Forest and Climate Change (MoEFCC) oversees this approval process, implementing the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

The approval process begins with the submission of an application to the MoEFCC. Applicants must fill out Form 5 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. This form requires detailed information about the type and quantity of hazardous waste to be imported or exported, the purpose of the import or export, and the measures in place to ensure safe handling and disposal.

A critical component of the application is providing a justification for the import or export. This includes explaining why the hazardous waste needs to be imported or exported and how it will be managed in an environmentally sound manner. Supporting documents must also be submitted, including a valid Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. Additionally, businesses must obtain valid authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

The application must include an environmental impact assessment report, process flow charts indicating pollution control measures, and an acknowledgment from the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC). These documents help the MoEFCC evaluate the potential environmental and health impacts of the proposed import or export and ensure that adequate measures are in place to mitigate any risks.

Once the application is submitted, the MoEFCC reviews the information provided and may request additional details or clarifications if necessary. The Ministry aims to process applications within 60 to 90 days, depending on the completeness of the application and the complexity of the proposed import or export.

By obtaining the necessary approvals, businesses demonstrate their commitment to responsible hazardous waste management and compliance with national and international regulations. This approval process not only ensures legal compliance but also promotes sustainable practices that protect the environment and public health.

Applicability

The regulations governing the import and export of hazardous wastes in India apply to a wide range of entities involved in the handling, generation, and management of such materials. These entities include:

1. Industries Generating Hazardous Wastes: Manufacturing units and other industrial facilities that produce hazardous wastes during their operations.
2. Importers and Exporters: Companies and individuals engaged in the transboundary movement of hazardous wastes, including import and export activities.
3. Waste Treatment, Storage, and Disposal Facilities: Facilities that specialize in the treatment, storage, and disposal of hazardous wastes in an environmentally sound manner.
4. Authorized Recyclers and Reprocessors: Entities authorized to recycle or reprocess hazardous wastes, ensuring that these activities do not harm the environment or public health.

The regulations are designed to ensure that all hazardous wastes are managed responsibly, from their generation to their final disposal, in compliance with national and international standards. This comprehensive applicability helps in minimizing environmental risks and promoting sustainable industrial practices across India.

Legal Provisions

The legal framework for the import and export of hazardous wastes in India is built upon several key provisions, ensuring safe and regulated handling of these materials. The main legal provisions include:

1. Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: These rules provide detailed guidelines for the handling, treatment, and disposal of hazardous wastes, including their import and export.
2. Basel Convention: An international treaty that regulates the transboundary movements of hazardous wastes and their disposal to protect human health and the environment.
3. Rotterdam Convention: Ensures that hazardous chemicals and pesticides are traded with prior informed consent, thereby preventing unwanted shipments.
4. Stockholm Convention: Aims to eliminate or restrict the production and use of persistent organic pollutants (POPs) that pose significant health risks.
5. Minamata Convention: Focuses on reducing and eliminating the use of mercury and mercury compounds, which are highly toxic.

These legal provisions form a robust regulatory framework that industries must adhere to for the safe and compliant management of hazardous wastes.

Where to Obtain 

To obtain approval for the import and export of hazardous wastes in India, businesses must apply through the Ministry of Environment, Forest and Climate Change (MoEFCC). The Ministry is the central authority responsible for regulating and overseeing hazardous waste management in the country. Here’s how to obtain the necessary approvals:

1. Ministry of Environment, Forest and Climate Change (MoEFCC): The primary body for issuing approvals and licenses for hazardous waste import and export. Applications can be submitted through the Ministry's official website or in person.
2. Central Pollution Control Board (CPCB): Provides guidance and support for compliance with hazardous waste regulations. The CPCB's website offers resources and information for applicants.
3. State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs): These bodies assist with the initial application process and provide necessary acknowledgments required for MoEFCC approval.

Applicants should ensure that they meet all regulatory requirements and provide the necessary documentation as outlined in the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. By following these guidelines, businesses can secure the required approvals for the safe and legal import and export of hazardous wastes.

Approvals for the import and export of hazardous wastes in India can be obtained from the Ministry of Environment, Forest, and Climate Change (MoEF&CC). The Hazardous Substances Management Division (HSMD) within the MoEF&CC is the designated authority responsible for overseeing the regulation and management of hazardous wastes in India.

To obtain the necessary approvals, applicants must submit their applications to the HSMD, either through the official MoEF&CC portal or by visiting the office in person. The application process involves providing detailed information about the type and quantity of hazardous waste, the proposed methods for its handling and disposal, and evidence of compliance with environmental safety standards.

The HSMD reviews all applications to ensure they meet the required safety and environmental standards. The division may also conduct on-site inspections to verify the accuracy of the information provided and the capability of the facilities involved in managing the hazardous wastes. By obtaining the necessary approvals from the MoEF&CC, industries can ensure their operations are legally compliant and environmentally responsible.

Procedure

Obtaining approval for the import and export of hazardous wastes in India involves a detailed and structured procedure. This process ensures that all hazardous waste transactions adhere to strict safety and environmental standards. Here is a step-by-step guide to the approval procedure:

Step 1: Submission of Application

• The process begins with the submission of a comprehensive application to the Hazardous Substances Management Division (HSMD) of the Ministry of Environment, Forest, and Climate Change (MoEF&CC).
• The application must include detailed information about the type, quantity, and nature of the hazardous waste, as well as the proposed methods for its handling, storage, treatment, and disposal.

Step 2: Documentation

• Along with the application form, applicants must provide all necessary supporting documents, which include environmental clearance certificates, waste management plans, and proof of compliance with national and international safety standards.
• Ensuring the completeness and accuracy of the documentation is crucial for the timely processing of the application.

Step 3: Review of Application

• The HSMD reviews the submitted application and documentation to ensure they meet the required standards and regulations.
• This review includes verifying the applicant’s compliance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, and relevant international conventions such as the Basel, Rotterdam, Stockholm, and Minamata Conventions.

Step 4: On-Site Inspection

• If necessary, the HSMD conducts an on-site inspection of the applicant’s facilities to verify the details provided in the application.
• The inspection assesses the capability of the facility to manage, treat, and dispose of hazardous wastes in an environmentally sound manner.

Step 5: Approval Decision

• Based on the review and inspection results, the HSMD makes a decision regarding the approval of the import or export of hazardous wastes.
• If the application meets all the necessary criteria, the approval is granted. If not, the applicant is informed of the deficiencies and required to address them before resubmission.

Step 6: Issuance of Approval

• Once approved, the HSMD issues an official approval certificate, which authorizes the applicant to proceed with the import or export of hazardous wastes.
• This certificate must be retained and presented during the transportation and handling of hazardous wastes.

Documents Required

To apply for the import and export of hazardous wastes, the following documents are required:

1. Completed Application Form: Filled with accurate details about the hazardous waste.
2. Environmental Clearance Certificates: Proof of compliance with environmental safety standards.
3. Waste Management Plan: Detailed plan outlining the handling, storage, treatment, and disposal of the hazardous waste.
4. Proof of Compliance with International Conventions: Documentation demonstrating adherence to the Basel, Rotterdam, Stockholm, and Minamata Conventions.
5. Financial Assurance: Evidence of financial capability to manage and dispose of the hazardous waste responsibly.

Fees​

The fees for obtaining approval for the import and export of hazardous wastes vary depending on the type and quantity of waste. The specific fee structure is outlined by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) and must be paid at the time of application submission. These fees are used to cover the administrative and inspection costs associated with the approval process.

Authority

The Ministry of Environment, Forest, and Climate Change (MoEF&CC) is the primary authority responsible for granting approvals for the import and export of hazardous wastes in India. Within the Ministry, the Hazardous Substances Management Division (HSMD) oversees the regulation and management of hazardous wastes, ensuring compliance with national and international standards.

Application Mode

Applications for the import and export of hazardous wastes can be submitted both online and offline. The online mode involves submitting the application through the official MoEF&CC portal, while the offline mode requires submitting physical documents to the HSMD office.

Time Limit

The processing time for obtaining approval for the import and export of hazardous wastes is typically around 60 days from the date of application submission.

FAQs