Export of hazardous waste

Authorization for Export of Hazardous Waste

Overview

Authorization for the export of hazardous waste in India is governed by the provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The process for obtaining authorization for the export of hazardous waste in India involves the steps. All those who want to deal in the process of export of Hazardous Waste must know that it is mandatory to get Authorization.

Authorization for Export of Hazardous Waste

The process for obtaining authorization for the export of hazardous waste in India is governed by the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. It is mandatory for those who wish to deal with hazardous waste management and export to obtain authorization from the appropriate authority. As an exporter, one needs to ensure that they comply with the regulations governing the proper export of hazardous waste.

The Ministry of Environment and Forests manages the movement of hazardous waste during the export of hazardous waste in India. The state government provides NOC for export if the exporter submits valid informed consent from the concerned authority.

What do you mean by Hazardous Waste?

Hazardous waste refers to substances that possess properties that make them potentially harmful to human health and the environment if not handled or disposed of properly. These waste materials can exist in various forms such as solids, liquids, or gases. They are typically generated as a result of chemical production, manufacturing processes, and other industrial activities.

Hazardous waste can exhibit different properties, including biological, chemical, and physical characteristics. These properties can generate materials that are toxic, reactive, ignitable, infectious, corrosive, or radioactive. Due to their hazardous nature, it is crucial to have well-organized and regulated management systems in place to safely collect, recycle, treat, dispose, and transport hazardous waste. Proper management and control of hazardous waste are essential to prevent adverse impacts on human health, ecosystems, and the environment as a whole..

Hazardous Waste Management

Hazardous waste management refers to the practices and processes used to collect, store, transport, treat, dispose, and monitor waste materials that contain hazardous properties. Proper management of hazardous waste is important to minimize human health, environmental and ecological risks that could arise from their mismanagement.

A systematic approach to the management of hazardous waste is critical to ensure their safe disposal and recycling, minimizing the associated risks. For instance, these materials need to be collected and transported by licensed and experienced waste management professionals that use appropriate safety measures. Similarly, the choice of methods for the disposal or recycling of hazardous materials needs to be governed by their physical, chemical, and biological properties.

The following methods can be employed for hazardous waste management:

Incineration: This is a thermal process that involves burning the hazardous waste to ash.
Landerfill: This process involves burying the hazardous waste in a specifically engineered landfill with specific specifications to ensure no adverse environmental impacts.
Recycling and Reprocessing: This involves converting the waste materials into usable products to prevent their need for disposal.
Neutralisation: Neutralization involves chemical process designed to change in chemical composition of hazardous waste, thereby making it non-hazardous.
Physical and Chemical Treatment: This process involves the use of physical and chemical processes to remove or reduce hazardous properties in the waste.

The proper management of hazardous waste is crucial to minimize the adverse environmental and health risks associated with their disposal. As such, hazardous waste management should be carried out in accordance with the regulations and standards established by environmental agencies governing hazardous waste management.

Who is an Exporter under Hazardous Waste Management?

“Exporter” refers to a person or occupier under the jurisdiction of the exporting country who exports hazardous or other wastes.

Export of Hazardous Waste

If you want to export hazardous waste from India that is listed in Part A or Part B of Schedule III or Schedule VI, you must obtain permission from the Ministry of Environment and Forest. Applications for the export of hazardous waste listed in Part A of Schedule III and Schedule VI will only be considered with the prior informed consent of the importing country. Individuals, such as actual users or traders, who wish to export hazardous waste must obtain authorization from the appropriate authority, such as MoEF/SPCB. The hazardous waste that can be exported is listed below.

The following types of hazardous waste can be exported:

The types of hazardous waste that can be exported depend on the regulations and agreements in place between countries. The Basel Convention is an international agreement that establishes standards for the transboundary movement of hazardous waste. It covers hazardous waste, solid waste, and municipal incinerator ash.

Additionally, in the United States, hazardous waste exporting is regulated by the Resource Conservation and Recovery Act (RCRA). The RCRA defines hazardous waste and provides guidelines for its management and transportation. Specific types of hazardous waste that can be exported are categorized based on their hazardous properties, such as toxicity, flammability, corrosivity, and reactivity.

The four general types of hazardous waste shipments under RCRA regulations are:

Hazardous waste subject to manifesting: These are waste materials that require a manifest according to 40 CFR 262. These wastes must be regulated under the appropriate Department of Transportation (DOT) hazard class(es) and include the word "waste" in their proper shipping name.
Universal waste: Universal waste includes specific categories of waste, such as batteries, lamps, pesticides, and mercury-containing equipment, which may be eligible for streamlined management requirements. These types of waste can be exported under the guidelines of the RCRA universal waste regulations.
Recyclable hazardous materials: Certain hazardous waste materials that meet specific requirements may be recycled or reclaimed. These materials can be exported if they comply with the applicable regulations for recycling and meet the criteria for export.
Hazardous waste excluded from regulation: Some hazardous waste materials may be excluded from regulation under certain conditions. For example, certain low-level radioactive waste, certain household hazardous waste, and certain pharmaceutical waste may be excluded from full RCRA regulation. These excluded wastes may have specific requirements for transportation and export.

It is important to note that the specific types of hazardous waste that can be exported may vary depending on local regulations and international agreements. It is essential to consult the governing authorities and follow the specific guidelines and requirements in each country involved in the export process.

List of Hazardous Waste Eligible for Export from India

If you plan to export hazardous waste from India, you must know which substances are eligible. Here's a list of eligible hazardous waste, according to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, by India's Ministry of Environment, Forest and Climate Change:

Metal and metal-bearing waste, including alloys of antimony, cadmium, lead, and tellurium.
Waste containing antimony, cadmium, lead, and tellurium in compound form.
Waste consisting of metal carbonyls.
Galvanic sludge.
Wastes from the pickling of metals, including metal liquors.
Leaching residues from zinc processing, such as jarosite, hematite, and other dusts and sludges.
Zinc residues generated from waste materials.
Lead acid batteries, either whole or crushed.
Unsorted waste batteries, excluding mixtures of List B batteries.
Waste electrical and electronic assemblies or scrap containing components.
Wastes containing predominantly inorganic constituents, which may include metals and organic materials.
Clean, uncontaminated metal scrap, including alloys, in bulk finished form, such as sheets, plates, beams, and rods.
Molybdenum, tungsten, titanium, niobium, tantalum, and rhenium metal and metal alloy waste in metallic dispersible form (metal powder).
Mixed non-ferrous metal, heavy-fraction scrap with cadmium, antimony, lead, and tellurium.
Precious metal-bearing residues in solid form with traces of inorganic cyanides.
Wastes from mining operations in non-dispersible form.
Glass wastes in non-dispersible form.
Calcium fluoride sludge.
Metal and metal alloys waste in metallic, non-dispersible form. This may include, among others, precious metals, iron and steel scrap, nickel scrap, aluminum scrap, zinc scrap, tin scrap, molybdenum scrap, tungsten scrap, tantalum scrap, cobalt scrap, bismuth scrap, zirconium scrap, manganese scrap, titanium scrap, germanium scrap, hafnium scrap, niobium scrap, rhenium scrap, gallium scrap, magnesium scrap, and copper scrap.
Waste paper, paperboard, and paper product waste.
Used multifunctional printers and photocopiers.

Please note that regulations and requirements for hazardous waste export from India may change over time, and it's essential to stay up-to-date with the latest rules to ensure compliance.

Procedure for Export of Hazardous Waste

The procedure for exporting hazardous waste can vary depending on the specific regulations and requirements of the country you are exporting from and the country you are exporting to. However, here are some general steps that are typically involved in the export process:

Determine the Applicable Regulations: Familiarize yourself with the hazardous waste management regulations of your country and the importing country. This includes understanding the legal requirements, prohibited waste types, and any necessary permits or authorizations needed for export.
Classify the Waste: Identify and classify the hazardous waste according to the applicable regulations. This involves determining the waste type, hazardous properties, and appropriate waste codes or classifications.
Obtain Necessary Authorizations: Apply for the required permits or authorizations from the appropriate authorities in your country, such as the Ministry of Environment or Environmental Protection Agency. This may involve filling out application forms, providing supporting documentation, and paying applicable fees.
Notify the Importing Country: If required by regulations, provide advance notification to the importing country's authorities. This includes submitting documents such as a notification of intent to export or a written contract with the receiving facility.
Packaging and Labeling: Properly package and label the hazardous waste according to the international and national transportation regulations. This ensures safe handling and transportation of the waste.
Arrange Transportation: Make arrangements for transportation of the hazardous waste. This may involve working with a licensed transporter who specializes in hazardous waste transportation and ensuring compliance with transportation regulations.
Complete Export Documentation: Prepare and complete all necessary export documentation, such as a hazardous waste manifest, shipping documents, and customs declarations. Ensure that the documentation accurately reflects the details of the hazardous waste being exported.
Track Shipment: Monitor and track the shipment of hazardous waste during transportation to ensure it reaches the designated receiving facility safely and in compliance with all regulations.
Receive Confirmation and Disposal: Upon delivery of the hazardous waste to the receiving facility, receive confirmation of receipt and proper disposal or treatment of the waste. Maintain records of all documentation, including disposal certificates or other relevant documents.

It is crucial to consult the specific regulations and guidelines set by the authorities in your country and the importing country to ensure compliance with all legal requirements and smooth execution of the export process.

What is illegal export of hazardous waste?

The illegal export of hazardous waste refers to the illicit transportation or shipment of hazardous waste materials from one country to another without proper authorization or in violation of international and national laws and regulations. This can include the unauthorized export of waste that is prohibited for export, the misrepresentation of non-hazardous waste as hazardous waste, or the circumvention of legal requirements and procedures for exporting hazardous waste.

Illegal export of hazardous waste poses significant risks to human health and the environment. Improper disposal or inadequate handling of hazardous waste can result in pollution, contamination of soil and water sources, and adverse health effects for communities and ecosystems.

To prevent illegal exports, many countries have established regulations regarding the export of hazardous waste. These regulations may require exporters to obtain permits or authorizations, provide advance notification to the relevant authorities, and comply with specific packaging, labeling, and transportation requirements.

The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal, which came into effect in 1992, is an international treaty aimed at controlling and regulating the transboundary movement of hazardous waste to prevent illegal dumping and protect countries from the harmful impacts of hazardous waste.

Compliances for Export of Hazardous Waste

According to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, hazardous wastes cannot be imported into India for disposal, only for recycling, recovery, reuse, and utilization, including co-processing. Here are some of the compliance requirements for the export of hazardous waste from India:

Obtain necessary approvals: Exporters must obtain necessary approvals from the Ministry of Environment, Forest, and Climate Change (MoEFCC) before exporting hazardous waste. The export of hazardous waste is allowed only with the consent of the MoEFCC, and the permission must be taken from the importing nation.
Ensure compliance with international conventions: As a signatory to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, India needs to ensure that all hazardous waste exports comply with the convention's requirements. The shipment of hazardous waste must be accompanied by the appropriate documentation, including the Basel Convention's movement documents.
Meet packaging and labeling requirements: Hazardous waste transporters are required to comply with the packaging, labeling, and marking standards set by the Basel Convention and the international transportation regulations. The packaging must protect the contents from damage or leakage and minimize the risks to human health and the environment.
Notify the concerned authorities: Exporters must notify the authorities in writing before exporting any hazardous waste. The notification should include detailed information about the waste, the quantity of waste, the anticipated date of export, and the facility where it will be shipped.

How can we assist you?

To assist you in the export of hazardous waste from India, we can provide you with the following information and support:

Regulatory Requirements: We can help you understand and navigate the regulatory requirements for exporting hazardous waste from India. This includes providing you with information on the relevant laws, rules, and regulations governing the export of hazardous waste in India.
Documentation Assistance: We can guide you through the process of preparing the necessary documentation for the export of hazardous waste. This includes helping you understand and complete the required forms, permits, and other documentation needed to ensure compliance with regulatory authorities.
Approval Process: We can provide guidance on the approval process for exporting hazardous waste. This includes information on obtaining the necessary approvals and consents from the Ministry of Environment, Forest, and Climate Change (MoEFCC) and other relevant authorities.
Compliance Support: We can assist you in understanding and meeting the compliance requirements for packaging, labeling, and marking hazardous waste for transport. This includes providing information on international conventions, such as the Basel Convention, and helping you comply with the packaging and labeling standards set by these conventions.
Consultation: We can offer consultation services to address any specific questions or concerns you may have regarding the export of hazardous waste from India. Our experts can provide guidance tailored to your specific circumstances and help you navigate any challenges or issues that may arise.

Please note that our assistance is based on providing information and guidance. It is important for you to consult with our legal and regulatory experts team for formal advice to ensure compliance with all applicable laws and regulations.

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