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Friday, January 30, 2009

USEPA takes action against Major Toxic Ship Exporter

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Global Shipping LLC and Global Marketing System, Inc. to pay penalties for PCB export violations involving Oceanic Ship exported in violation of the Toxic Substances Control Act

SAN FRANCISCO – The U.S. Environmental Protection Agency has settled an administrative complaint against Global Shipping LLC and Global Marketing Systems, Inc. for alleged illegal distribution and export of a PCB-containing ship.

The companies will pay a total of $518,500 to resolve the two Toxic Substances Control Act violations. Global Marketing Systems, Inc. will pay a penalty of $32,500 and Global Shipping LLC will pay a penalty of $486,000.

Global Shipping LLC purchased and held the Oceanic, a cruise ship formerly named the SS Independence, for the purpose of export beginning on or about July 24, 2007 and continuing until the vessel left the United States on or about February 8, 2008. EPA alleged that the ship contained PCBs and that holding a vessel containing PCBs for purposes of export for disposal constitutes unauthorized distribution in commerce of PCBs.

"Companies need to ensure PCBs are removed from any ship being exported in order to protect public health and the environment from exposure to PCBs," said Jeff Scott, division director for waste programs in the EPA's Pacific Southwest region. "Federal law prohibits companies from exporting PCBs for disposal, including PCBs built into ship components, unless approval from EPA has been obtained."

On or about February 8, 2008, the ship was towed out of the territorial waters of the United States. EPA alleged that Global Shipping LLC and its affiliated company Global Marketing Systems, Inc. worked together to export the Oceanic for disposal outside the United States, a violation of federal law. The EPA was not informed by Global of their intention to export the ship for disposal.

After EPA initiated its enforcement action, Global submitted a new application to the Maritime Administration seeking approval to sell the vessel but changing the purpose of export from disposal to continued use of the vessel to accommodate labor workers in the Arabian Gulf area. Under the Toxic Substances Control Act, EPA also regulates export for continued use of materials containing regulated levels of PCBs.

Export of PCB materials from the United States is a violation of EPA's Toxic Substances Control Act unless export authorization has been granted by EPA pursuant to the procedures established under the Toxic Substances Control Act. Vessels built before 1979, such as the Oceanic, may contain PCBs in various materials including cables, electrical equipment such as capacitors and transformers, gaskets and watertight seal material, and painted surfaces.

More than 1.5 billion pounds of PCBs were manufactured in the United States before the EPA banned the production of this chemical class. PCBs were commonly used in paints, industrial equipment, plastics, and rubber products. EPA banned this class of chemicals after tests showed that PCBs cause cancer in animals and adversely affect the nervous, immune, and endocrine systems in humans.

For more information on PCB regulation and enforcement, as well as enforcement of U.S. laws related to toxic materials in general, please visit: http://www.epa.gov/pcb/pubs/laws.htm. Or: http://www.epa.gov/Compliance/. For information on PCBs, please visit: http://www.epa.gov/pcb/.
Contact: Dean Higuchi, 808-541-2711, higuchi.dean@epa.gov
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Major Toxic Ship Exporter Forced to Pay Penalties

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Victory Declared as Major Toxic Ship Exporter Forced to Pay Penalties

Activists Warn of Future Exports for Dumping on South Asian Beaches in absence of Government Coordination

The toxic trade watchdog group Basel Action Network (BAN) declared victory today after a U.S business involved in sending hundreds of ships to the infamous shipbreaking beaches of Bangladesh and India was forced to pay $518,500 and certify that they would not undertake such actions again. BAN warned, however, that there was still ample opportunity for unscrupulous operators to exploit loopholes to export very toxic U.S. ships to the South Asian beaches where some of the world's poorest laborers are forced to toil without adequate protections against toxic substances, asbestos, explosions and accidents. BAN is a member organization of the NGO Platform on Shipbreaking, an international coalition seeking to ban beaching and unsustainable ship scrapping.

In February of last year, BAN and the Save the Classic Liners Campaign tipped-off the United States Environmental Protection Agency when they discovered that Global Marketing Systems, Inc. (GMS), headed up by a world famous cash-buyer of obsolete ships, Mr. Anil Sharma, had taken ownership of the SS Oceanic (former SS Independence) and had the old passenger liner towed out of San Francisco Bay with the intent of scrapping the vessel on the beaches of South Asia. BAN demanded that the U.S. government take action to have the ship returned to a U.S. port, but the EPA claimed they lacked the authority to have the ship recalled. Nevertheless, the EPA took legal action against GMS for violations of the Toxic Substances Control Act (TSCA), the law which prohibits the exportation of polychlorinated biphenyls (PCBs), a persistent toxic pollutant used in the paints, insulation and gasketry in older ships.

"While the Oceanic wasn't recalled to the U.S., we're very happy that EPA took their job seriously and that one of the world's leading exporters and exploiters of the infamous shipbreaking beaches of South Asia has finally been held to account," said Jim Puckett, Executive Director of BAN. "While half a million dollars is not much of a financial deterrent for such actors when a single ship can be worth well over 5 million in scrap steel, they are now on notice -- another such export would be a "knowing and willful" criminal violation, and they could find themselves behind bars."

BAN is concerned, however, over the likelihood that U.S. government agencies will continue to ignore each other's rules and continue to facilitate ship dealers being able to circumvent toxics laws such as TSCA by their actions or inaction. For example, a ship broker can simply ask the seller of a ship to ask the Maritime Administration (MARAD) to change the flag of a ship from a U.S. flag to a "flag of convenience" and then make the transaction and export. Because today's ruling only applies to U.S. registered vessels, this creates a major loophole if MARAD allows such re-flagging without notifying EPA. Likewise if the Coast Guard does not promulgate rules or adopt guidelines to refuse or delay "dead ship tow" permits until the necessary inquiries have been made with EPA, violations will continue.

"If MARAD and the Coast Guard were aware and trained about our toxic trade laws, illegal exports like this one could be prevented and we would not be in this unfortunate position of talking about 'the ones that got away,'" said Puckett. "These old ships are often towed and have little value other than for scrap. There has got to be greater cooperation between MARAD, the Coast Guard and EPA to provide an early warning system to prevent these toxic ships from "slipping away."

Soon after EPA initiated its enforcement action against Global and its sister organization Global Shipping LLC, GMS requested a new application to the Maritime Administration seeking approval to sell the vessel but changing the purpose of export from disposal to continued use of the vessel to accommodate labor workers in the Arabian Gulf area. Today, the whereabouts of the Oceanic remains uncertain at this time but so far it has not been seen in the breaking yards.


Gopal Krishna of Ban Asbestos Network of India (BANI), Indian Focal Point, Platform on Shipbreaking says, "In South Asia, ship-breaking takes place in India, Pakistan and Bangladesh. The workers in this industry are the most vulnerable workforce in the world with high rate of chemical and asbestos exposure. There is insincerity in safeguarding the occupational health and environmental security. The failure to ensure that all hazardous materials on board the ship are pre-cleaned in the country of export prior to delivery of the ship for dismantling is well known. Massive underground water contamination and marine pollution at Alang, Bhavnagar, Gujarat has remained unaddressed for last 25 years." He adds, currently more than 90 ships are languishing in Alang, the "cashbuyer" who is a US citizen of Indian origin routinely buys ships from all over the world and sends them to the notorious breaking beaches. It is appalling to note that quite unlike the US agencies Gujarat Pollution Control Board, Gujarat Maritime Board and other concerned agencies display a manifest case of dereliction of duty have chosen not take of this "toxic time bomb" for the labourers, communities and environment of Alang. USEPA filed suit because the export of Polychlorinated Biphenyls (PCBs) is illegal. It is illegal in India too. Under the Stockholm Convention on Persistent Organic Pollutants (POPs) too it is a prohibited toxic chemical.

The last owner of the SS Oceanic liner was Norwegian Cruise Lines (NCL) owned in turn by Chinese Company Star Cruises. NCL already has a reputation for negligence and evasion of international and national environmental and safety laws. NCL is the same company which dumped toxic ship Blue Lady in Alang by letting its proxy buyers mislead the court that a beached ship is "irreversible", which it was not.
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Thursday, January 22, 2009

Genetic Roulette

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Book launch of the internationally renowned book on the health impact of genetic engineering Genetic Roulette written by Prof Jeffrey Smith of the Institute for Responsible Technology, USA. The Indian edition of the book is being brought out by the Deccan Development Society, Hyderabad, South Against Genetic Engineering and the Other India Press, Goa.

Venue: India Islamic Cultural Centre, 87-88, Lodhi Estate, New Delhi
Time: 10.30 AM
Date: 23 January, 2009

This is probably the time in our living history to put the issue of food on our plates. There is something eventful and sinister happening to our food and our lives even without our knowing about it. There is hardly any knowledge and debate around this issue. In a sense, this is as dangerous as, or even more dangerous than the Mumbai Terror that we have witnessed creating a national outrage. But for some strange reason, we are kept completely in the dark about it.

You all probably remember the controversy of pesticide levels in cola drinks. Even before this has faded from our memories, we are being forced to taste yet another dangerous food stuff-- Bt-brinjal, a genetically engineered form of our most beloved vegetable, Baingan. Bt-brinjal looks exactly like the brinjals we buy from the market and feed our children without suspecting that it might cause health problems to all of us..

How do they manufacture this Bt-brinjal?

A gene from a soil bacteria Bacillus Thurengiansis [Bt] is inserted into brinjal through a process called genetic Engineering to develop pest resistant brinjals (Bt-brinjal). This is supposed to reduce pesticide consumption in brinjal cultivation. Sounds very convincing, doesn’t it? But, thereby hangs another tale. In the process of manufacturing Bt-brinjal, along with the Bt gene, antibiotic resistant markers, and a promoter (often a virus) are also inserted. This is extremely dangerous.

 What happens if this antibiotic resistance is passed on from the proteins (from the foods you and your children eat) to innumerable bacteria that live in your intestine?

 How will the virus that is being introduced (along with the gene that is transferred to brinjal plant) behave and how will it cause any other problems?

One simple answer is that when we eat Bt Brinjal, the antibiotics used in this process will affect us in such a way that it will desensitize our body to them, and deprive us of their benefits when required. We will have to resort to higher levels of antibiotics to rid ourselves of infections! Thus even without realizing it, we will get onto the treadmill of antibiotics.

Experiments done elsewhere in the world have found that the viruses inserted into producing genetically engineered crops were responsible for organ damage and immunity damage in mice which were fed with these crops.

That is why genetically engineered foods are called Frankenfoods, a kind of Frankenstein creation which can become impossible to control even when we find them dangerous to us. As more and more scientists start looking at the downside of GE foods, more such horror stories will start emerging.

You can listen to a number of such cases and interact with the author of the international bestseller Genetic Roulette, the documented health impacts of genetically engineered foods by attending a special event being organized in HYDERABAD on 12th January, 2009. Prof Jeffrey Smith, the celebrated author of the book will be present and will narrate the GE impacts on human health and answer audience’s questions.

The Book Launch is being held at the India Islamic Cultural Centre, 87-88, Lodhi Estate, New Delhi [Ph: +91-11-43535353, Fax: +91-11-43535358]

The Indian edition of the book is being brought out by the Deccan Development Society, Hyderabad, South Against Genetic Engineering and the Other India Press, Goa.
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Tuesday, January 20, 2009

Dow conitnues to evade liability for Bhopal disaster

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Note:Theater of absurd being enacted to help Dow disown the liability for Bhopal disaster and its legacy.

On 19 January, the Supreme Court directed the Centre, Madhya Pradesh and Gujarat governments to resolve the issue relating to disposal of around 350 metric tonnes of hazardous toxic waste from the now-defunct Union Carbide India Ltd's plant in Bhopal.

The uncertainty over the fate of the toxic waste has been prevailing for more than two decades. The waste is allegedly causing air, soil and water pollution as it is lying at the plant of the Union Carbide India Ltd (now Dow Chl���������������� last 24 years.

A bench headed by Chief Justice K G Balakrishnan asked the Ministry of Chemicals and Fertilisers to decide the issue with the other two states and inform the court about the final decision on February 20, the next date of hearing.

The High Court while setting aside objections raised by the Gujarat government and the Gujarat Pollution Control Board (GPCB) had directed the authorities to carry the toxic waste to Ankleshwar for disposal in the incineratou����������������nfrastructure Ltd.

The order of the High Court, which had also threatened to initiate contempt proceedings against those who objected to disposal of the toxic waste at Ankleshwar, had come on a petition by a social activist seeking direction for safe disposal of the waste.

Supreme Court has given the state government some respite on Madhya Pradesh high court's order of transporting and disposing toxic
waste at Ankleshwar.

The state government had challenged the Madhya Pradesh Hg6s���������������� the SC.

The apex court also asked them to take the advice of both the Central Pollution Control Board and Gujarat Pollution Control Board while taking an appropriate decision.

Supreme Court has also asked for the decision taken by MoC&F and representatives of Gujarat and MP to be placed before it on February 20.

"Our stand is very clear that toxic waste should be disposed of at the Pithampur disposal facility in MP. We have a letter from them that they are ready to dispose waste. This will help us in putting forth our case," says principal secretary, environment and forests, SK Nanda.

"Bhopal's toxic waste is only 350 tons and can be disposed at Pithampur. There is a backlog of about four months due to the fire at the Ankleshwar disposal facility. We have to dispose first about 10,000 tons of our own toxic waste s/1
����������������waste from outside," Nanda added.

A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathxz���������������� government to convene a meeting between the two states to help them resolve the discord over disposal of the methyl isocyanate (MIC) waste in an incinerator at Ankleshwar in Gujarat.

Disregarding the Gujarat government’s objections, the Jabalpur bench of the Madhya Pradesh High Court had ordered disposal of the waste in Ankleshwar.

Last December, it also directed that the toxic waste be moved to Ankleshwar, warning of contempt proceedings if any attempt was made to stop it.

The central government counsel said that the Gujarat government had earlier given its permission for disposal of the waste, but had later retracted from its words.

The Madhya Pradesh High Court had ordered disposal of the toxic waste at Ankleshwar, taking cognizance of a report submitted by a team that visited the Ankleshwar facility on Oct 15 last year after the Gujarat government’s opposition.
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Notes on pharmaceutical waste

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Pharmaceuticals form a group of substances that are of considerable importance for society as healthcare tools. Given the fact that a variety of pharmaceuticals can now be detected in surface, ground, and drinking waters, there are valid concerns about the potentially adverse environmental consequences of this contamination. The risk is directly proportional to the active concentration of the chemical substances in various environmental compartments, and pharmaceutical waste adds to that risk if it is not managed properly.

Pharmaceuticals are widely distributed, and there is a consistent global increase in the use of potent pharmaceuticals driven by drug development, an aging population in Western countries and the efforts to improve health in developing countries. Following this use is a corresponding increase in the generation of pharmaceutical waste.

The waste and disposal problem starts with the production of the active pharmaceutical ingredient and finishes with the final disposal of a pharmaceutical product. During the manufacture and use of pharmaceuticals, lots of materials become contaminated with an active pharmaceutical ingredient increasing the waste volume.

Pharmaceutical waste is not only an environmental issue. Like other waste management, it is part of many peoples’ working conditions in respect to how it is handled, contained and disposed of. When the material entails a serious hazard, it requires special handling to ensure safety. Where there are issues with higher risk products, e.g., controlled drugs, increased security in handling pharmaceutical waste is also required.

Proper pharmaceutical waste management is a new and highly complex frontier in environmental management. Occupational health and safety is a highly integrated issue in the management of certain pharmaceuticals like chemotherapeutics, and the waste generated from these involve a significant hazard.

The handling and disposal problems of finished pharmaceutical products in the EU and US is an emerging field, irrespective of being used or unused, and some related contamination problems.

Pharmaceutical waste may be present in any of the common physical forms like solids, liquids and gases. The waste can be categorized in several ways, e.g., depending on source, physical state, hazard, security, handling and disposal.

Pharmaceutical means any chemical product, vaccine or allergenic (including any product with the primary purpose to dispense or deliver a chemical product, vaccine or allergenic), not containing a radioactive component, that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or injury in man or other animals; or any chemical product, vaccine or allergenic (including any product with the primary purpose to dispense or deliver a chemical product, vaccine or allergenic), not containing a radioactive component, that is intended to affect the structure or function of the body in man or other animals. This definition includes products such as transdermal patches, and oral delivery devices such as gums or lozenges. This definition does not include sharps or other infectious or biohazardous waste, dental amalgams, medical devices not used for delivery or dispensing purposes, equipment, contaminated personal protective equipment or contaminated cleaning materials.

A pharmaceutical waste is defined as a pharmaceutical that is a hazardous waste. According to USEPA, there are approximately 31 commercial chemical products listed on RCRA‘s P- and U-lists that have pharmaceutical uses. As the P- and U-lists are based on chemical designations, this number does not completely represent the total number of brand name pharmaceuticals that may actually be listed hazardous wastes. For example, the following chemotherapy drugs, CTX, Cytotoxan, Neosar and Procytox, are U058 (cyclophosamide).

In addition, waste pharmaceuticals may also be hazardous because they exhibit one or more of the four characteristics of hazardous waste: ignitability, corrosivity, reactivity and toxicity. Characteristic pharmaceutical wastes include those that exhibit the ignitability characteristic, such as solutions containing more than 24% alcohol. An example of a pharmaceutical that may exhibit the reactivity characteristic is nitroglycerine. Pharmaceuticals exhibiting the corrosivity characteristic are generally limited to compounding chemicals, including strong acids, such as glacial acetic acid, and strong bases, such as sodium hydroxide. Depending on the concentration in different pharmaceutical preparations, pharmaceuticals may also exhibit the toxicity characteristic because of the use of arsenic (D004), barium (D005), cadmium (D006), chloroform (D022), chromium (D007), lindane (D013), m-cresol (D024), mercury (D009), selenium (D010), and silver (D011).

As thousands of over-the-counter or prescription drugs are currently approved for sale in the our country, it is difficult to provide a precise number of pharmaceuticals that can be listed.

Hazardous pharmaceutical wastes are generated by the following types of facilities: pharmacies, hospitals, physicians’ offices, dentists’ offices, other health care practitioners, outpatient care centers, ambulatory health care services, residential care facilities, veterinary clinics and reverse distributors. This rule does not apply to pharmaceutical manufacturing or production facilities.

Hazardous waste generation and management practices at health care facilities and other generators of hazardous pharmaceutical wastes differ from practices of industrial hazardous waste generators in several ways. Pharmaceutical waste is typically generated at a large number of points in relatively small quantities across a facility, such as at nursing stations, pharmacies, and patient, emergency and operating rooms. Furthermore, generators of hazardous pharmaceutical wastes tend to generate hundreds of different types of pharmaceutical waste while, in contrast, many industrial generators tend to generate only a few predictable waste streams in large quantities at relatively few generation points. Some of the difficulties that generators of hazardous pharmaceutical wastes have expressed concerning the current hazardous waste generator regulations relate to making the waste determination, generator status upgrade due to generation of acutely hazardous waste, hazardous waste listings, and accumulation time limits.

USEPA believes that hazardous pharmaceutical wastes meet the factors considered when determining whether a waste is appropriate for inclusion in the Universal Waste Rule. Specifically, most hazardous pharmaceutical wastes present a relatively low risk during accumulation and transport due to their form and packaging, which is typically in small, individually packaged dosages, such as pills or capsules. Hazardous pharmaceutical wastes are frequently generated in a wide variety of settings, including hospitals, pharmacies, long-term care facilities, veterinary offices and by reverse distributors, as well as in households. They also are generated by several different types of personnel at these facilities, including pharmacists, doctors, nurses, and patients. Finally, overall, hazardous pharmaceutical wastes are present in significant volumes in non-hazardous waste management systems. For instance, pharmaceutical wastes are generated by households and, therefore, end up in the municipal waste stream or going to publicly-owned treatment works (POTWs).

Should pharmaceutical waste be disposed of down the drain or via sewer systems?

In many instances, at health care facilities and pharmacies, pharmaceuticals are sent to a regulated medical waste incinerator. Additionally, many pharmaceutical wastes are disposed of down the drain. USEPA generally considers sewer disposal inadvisable for pharmaceuticals and discourages this practice, unless specifically required by the label on the particular pharmaceutical. More information on proper drug disposal. In hospitals and other health care facilities, the practice of disposing of pharmaceuticals to sewers has taken place. This has occurred despite the potential adverse effects of introducing waste pharmaceuticals into the environment, and the inability of wastewater treatment plants to treat some pharmaceuticals effectively.

Recent studies have documented the presence of various pharmaceutical chemicals and metabolic by-products in surface waters and groundwater in the United States, and the issue of pharmaceutical use and management has become increasingly important. EPA is conducting research on the presence of pharmaceutical compounds in waterbodies and any ecological effects the compounds may be causing, as well as research directed towards improving water treatment capabilities. Information on EPA’s research in pharmaceuticals and personal care products in the environment. For these and other reasons, pharmaceutical waste management has become an increasingly critical issue in environmental management for health care facilities.

These days U.S. Environmental Protection Agency (EPA) has proposed adding hazardous pharmaceutical waste to the Universal Waste Rule (UWR).

The proposed rule encourages generators to dispose of pharmaceutical waste that is classified as non-hazardous under the Resource Conservation and Recovery Act (RCRA) as universal waste. The proposal will also facilitate the collection of personal medications that are classified as household hazardous waste so they can be managed properly.

The proposed rule applies to pharmacies, hospitals, physicians’ offices, dentists’ offices, outpatient care centers, ambulatory health care services, residential care facilities and veterinary clinics, as well as other facilities that generate hazardous pharmaceutical waste. It does not apply to pharmaceutical manufacturing or production facilities.

Currently, the federal UWR includes batteries, pesticides, mercury-containing equipment and lamps. Universal wastes typically are generated in a variety of settings including industrial settings and households, by many sectors of society and may be present in non-hazardous waste management systems, said the USEPA.

There are three categories of RCRA hazardous waste generators, according to the EPA. A facility's generator status depends on the total amount of hazardous waste generated at the entire site in a calendar month, which then determines the waste management requirements applicable to the facility under RCRA.

Facilities that generate 1,000 kilograms (kg) or more of hazardous waste per month or greater than 1 kg of acute hazardous waste per month are considered large quantity generators (LQGs).

Other facilities qualify as small quantity generators (SQGs) if they generate more than 100 kg per month, but less than 1,000 kg per month of hazardous waste. SQGs are subject to fewer requirements than LQGs.

For example, SQGs do not need to complete a biennial report and have fewer personnel training and contingency planning requirements than LQGs (see 40 CFR 262.34(d) (5)).

Additionally, facilities qualify as conditionally exempt small quantity generators (CESQGs) if they generate less than or equal to 100 kg of hazardous waste per month, or less than or equal to 1 kg of acutely hazardous waste per month.

CESQGs are not subject to the RCRA subtitle C hazardous waste regulations provided that they comply with the requirements set forth in 40 CFR 261.5(f)(3) and (g)(3), said the EPA.

Finally, under the household hazardous waste exclusion in 40 CFR 261.4(b) (1), hazardous wastes generated by households are not subject to the hazardous waste regulations.

Because RCRA generator status is determined on a monthly basis, it is possible that a generator's status can change from one month to the next depending on the amount of hazardous waste generated in a particular month, said the EPA.

This is commonly referred to as "episodic generation."' If a generator's status does change, the generator is required to comply with the respective regulatory requirements for that class of generators for any hazardous waste generated in that particular month.

The EPA requests comments on the proposed definition of "pharmaceutical." Specifically, the EPA seeks comment on whether the definition of "pharmaceutical" is clear and appropriate and whether it encompasses the full range of pharmaceuticals available.

In addition, the EPA seeks comment on whether this definition inadvertently includes items not intended to be incorporated into the universal waste system, such as dental or medical devices.

The EPA also requests comment on, in order to add hazardous pharmaceutical wastes to the UWR, whether additional elements not included in this proposal need to be added to this proposed definition.

Finally, the EPA requests comment on whether the proposed definition of "pharmaceutical universal waste" is clear and appropriate.

For more information, go to http://www.epa.gov/fedrgstr/EPA-WASTE/2008/December/Day-02/f28161.htm.

Pharmaceuticals in the Environment (PIE) has been an emerging issue for some decades but this topic is currently gaining unprecedented attention from many groups including environmental advocates, the scientific community, and government regulators. The primary reason is that
pharmaceutical products can now be detected in the environment and recent studies have garnered media attention. Naturally, there is concern that human health and aquatic life may be impacted as a result of exposure to pharmaceutical compounds. In the past half century, there has been an enormous increase in the use of pharmaceuticals in humans; the application of drugs in veterinary medicine, farming practices, and aquaculture has also grown.

The production of pharmaceuticals forms an ill-defined waste stream of end of life byproducts that
include active ingredients, excipients, sharps, and all forms of packaging. Although similar, it is not to be confused with “Biomedical” waste. Rather it is a sub-category of medical wastes.
Historically, it has been simpler and easier to define all pharmaceutical waste as hazardous. In
broad terms there are two regulated forms of hazardous wastes: Listed Hazardous and
Characteristic Hazardous (e.g. waste material that is ignitable, corrosive, reactive or leachate
toxic).

A January 2006 report issued by the Canadian Institute for Environmental Law and Policy says that while many contaminants enter the environment through sink and shower drains, flushing old medications down the toilet is another significant contributor. Municipalities have begun to recognize and classify pharmaceutical waste as a hazard. Some have lumped this waste into the Household Hazardous Waste stream to help consumers to define and dispose of it properly. Medicine cabinet clean-up days are organized sporadically across the country and are primarily initiated by chain drug stores.

Waste management in the pharmaceutical sector is particularly complex.

In India, pharmaceutical waste has not been dealt with except as hpart of end of pipe health-care waste management under the Biomedical Wastes (Management & Handling) Rules, 1998. The prevailing situation is analysed covering various issues like quantities and proportion of different constituents of wastes, handling, treatment and disposal methods in various health-care units (HCUs). The waste generation rate ranges between 0·5 and 2·0 kg bed−1day−1. It is estimated that annually about 0·33 million tonnes of waste are generated in India. The solid waste from the hospitals consists of bandages, linen and other infectious waste (30–35%), plastics (7–10%), disposable syringes (0·3–0·5%), glass (3–5%) and other general wastes including food (40–45%). In general, the wastes are collected in a mixed form, transported and disposed of along with municipal solid wastes.
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Minutes of 5th Meeting of Experts Committee on Interlinking of Rivers project

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The sixth Meeting of Experts on Interlinking of Rivers that was constituted by UPA govt's Ministry of Water Resources in December 2004 (after NDA govt's Task Force on ILR was wound up) was scheduled to be held on 13th January, 2009. So far one does not know what transpired at this meeting.

Minutes of the 5th Meeting of the Committee of Environmentalists, Social Scientists and other Experts on Interlinking of Rivers held on 24.07.2008 at New Delhi.
Earlier, the 5th Meeting of the Committee of Environmentalists, Social Scientists and other Experts on Interlinking of Rivers was held on 24.07.08 at New Delhi. The meeting was initially chaired by Chairman, Central Water Commission as Secretary, Ministry of Water Resources was held up in another urgent meeting. Subsequently, it was chaired by Secretary, Water Resources who joined the meeting later.

The list of participants is at Annexure-I.

Chairman, CWC welcomed all the members of the Committee, Special Invitees and other participants. Then, he requested Director General, NWDA and member Secretary of the Committee to take up the agenda Items for discussion.

Item 5.1 : Confirmation of the Minutes of the 4th meeting of the committee held on
8.1.2008 at New Delhi.

The Director General, NWDA mentioned that the minutes of the 4th meeting of the committee held on 8.1.2008 were circulated vide letter No. NWDA(SCILR)/Tech-
I/200/3/2005/Vol.IV/30-51 dated 6.2.2008. Director General, NWDA also informed that
Shri Himanshu Thakkar had sent a note through email on 25.1.2008 on the various issues raised by him during the meeting including comments/suggestions on the TOR of
Ken-Betwa Environmental Impact Assessment Studies. By the time this note was received, the minutes were already finalised. However, views expressed in this note are similar to what he stated in the last meeting and had been duly incorporated in the minutes of the meeting issued. The note is also enclosed with the Agenda of this meeting as Annexure-I.

Director General, NWDA also informed the members about the communication received from Shri Ranjit Kumar, Learned Amicus Curiae suggesting slight mistake in the Minutes and corrigendum issued by NWDA on 28.2.08 (Annexure-II).

Shri Himanshu Thakkar mentioned that the NWDA did not respond to the issues raised by him. Director General, NWDA clarified that the issues raised/suggestions made by the members are welcome and duly incorporated in the NWDA studies. There are certain issues which are beyond the scope of work of NWDA. However, NWDA will respond to the issues raised by him related to NWDA work in due course of time.

Shri A.C. Kamaraj pointed out that in the minutes it was recorded that the chairperson had requested him to make available copies of his proposal to the members of the Committee. In fact, neither he was requested by the Chairperson to make available the copies of his proposal to the members nor he did so.

The Chairman agreed to put his views on record.

The Minutes were confirmed by the Committee.

Item No. 5.2 : Follow up actions on the decisions taken during the previous meeting of the committee.

Item No. 4.2.1 : Visit of members to the Ken-Betwa link area.

As per decision of previous meeting, the members were requested to give the convenient date for visit to Ken-Betwa link area. Some members had already visited the Ken-Betwa project area and therefore didn’t feel necessary to visit the area again.Shri A.C. Kamaraj, Shri Himanshu Thakkar and Prof. Vijay Paranjpye visited the area during 17th – 19th March, 2008. Shri Himanshu Thakkar has submitted his tour note on22.7.2008 by email and desired that it may be circulated among the members. The same was distributed among the committee members.

Shri Rajendra Singh mentioned that he had earlier visited the area alongwith five experts and sent report of expert committee to NWDA & MOWR. The report was not circulated among the committee members and he has also not received any response from NWDA. Director General, NWDA informed that NWDA has not received the report and requested Shri Rajendra Singh to make available another copy of the report to NWDA for necessary action. Shri Z. Hasan requested Shri Rajendra Singh to circulate
the report among the members through email.

Item No. 4.3 (a) : Circulation of letter of MoE&F dated 10.4.2007.

During the last meeting, the members desired that letter of MoE&F conveying the approval of ToR for EIA studies of Ken-Betwa link may be circulated among the members. Director General, NWDA informed the members that as a follow up action of the decision, the letter of MoE&F has been circulated among the members on 4.3.2008.

Item No. 4.3 (b) : Clearance from Supreme Court in respect of Panna Tiger Reserve coming under submergence of Daudhan dam.

During the last meeting, member from MoE&F mentioned that the submergence of Daudhan dam is in Panna Tiger Reserve and therefore, the clearance from Supreme Court/National Board for Wildlife is required. Director General, NWDA clarified that MoE&F has already given clearance for survey & investigation work. Now, the clearance from Supreme Court will be required for pre-construction/construction activity.

After DPR is completed and specific MoUs/agreements are signed by the concerned State Govts., an appropriate institutional mechanism would approach the MoE&F for obtaining the clearance from Supreme Court.

Item No. 4.3 (c ) : Organisation of seminar to consider the views of various NGOs/institutions/individuals on ILR.

Director General, NWDA mentioned that NWDA would organize a seminar at appropriate time. Shri Z. Hasan suggested to prepare a list of the seminars held on ILR during the last 5 years alongwith the details of participants in these seminars. Shri M.N. Madhyastha stressed the need to organise a seminar in the Ken-Betwa link area in which all the stakeholders are invited. Chief Engineer (N), NWDA informed the members that recently NWDA organized a meet of Gram Pradhans/Sarpanchs, Block Pramukhs and representatives of local self Govt. to create mass awareness about the project in Jhansi district. Shri Rajendra Singh wanted that a favourable opinion for implementation of projects may be built in advance so that project execution is not held up. This will also avoid the future conflict and wastage of money in cost over run and delays caused due to public agitations. Huge money is blocked in these projects, so we should first explain the project from Panchayat level to have acceptance.

Director General, NWDA clarified that sincere efforts are being made to disseminate the information related to the ILR project including putting most of the materials on the website. The DPR of Ken-Betwa link will be circulated to concerned States and nothing is being kept secret. Sh. Himanshu Thakkar was of the view that executive summary of Ken-Betwa link may be translated in Hindi and sent to Panchayats for comments. Chief Engineer (HQ), NWDA mentioned that Hindi version of FR of Ken-Betwa link including Executive Summary is available on the website of NWDA and comments of Panchayats on this project will have to be obtained by the concerned State Govts.

Shri Rajendra Singh mentioned that the people who use the river, understand it better than the Govt. officials. He was of the opinion that project should also be viewed
from the public perception point of view. He desired to initiate the debate about the
existence of rivers and benefits being drawn from the rivers like irrigation & power
generation. He stated that no study has been done on ecological aspect of the rivers in the country. Chairman, CWC clarified that all aspects including Environmental Impact Assessment are being considered while planning & implementing the water resources projects.

Himanshu Thakkar mentioned that Govt. should take a view on ecological requirement of rivers for sustainable development. As per his knowledge Govt. has still not decided/fixed norms for requirement of downstream flow for ecological releases so Govt. is not serious about rivers’ sustainable development.

Shri P. Sen mentioned that the Ken-Betwa link project is situated in drought prone area. Therefore, it is important not to disturb the existing water availability in the
downstream area especially during lean season. A study needs to be done to meet the
downstream requirement in a low rainfall year and protection from floods during a high rainfall year. He requested that this aspect may be covered in EIA study of Ken-Betwa link. Regarding his suggestion of setting a time frame of implementation of ILR, he clarified that the suggestion was for time frame for completion of DPR.

Item No. 4.3 (d) : First Interim Report on EIA studies of Ken-Betwa link.

Director General, NWDA informed that as desired by members during the last meeting, a copy of the Interim Report on EIA study of Ken-Betwa link is enclosed with the Agenda for discussion by the members.

The proposal of Sh. Kamaraj has been received in NWDA and the same was examined by the Independent Group of Experts constituted by Task Force on ILR. It was observed that proposal is similar to Captain Dastur proposal of Garland canal and technically unsound and incomplete and conceptual only, hence cannot be pursued in its present form. NWDA had also organized a technical workshop at Madurai entitled “To identify and discuss different alternatives in Peninsular India under ILR programme
including proposal given by NAWAD Council” (of Sh. Kamaraj) on 11.2.2005.

He wanted to know the basis of working out the storage capacity of proposed Daudhan Dam as 2775 Mm3. He also observed that the storage capacity of the dam appears to be on the higher side for the quantity of water realized at the proposed dam site and this needs to be checked and redesigned if necessary. Based on the realization at the proposed dam site, the capacity of the dam can be reduced to say at least to 1650 Mm3 .

He also mentioned that acquiring of 6400 ha forest area coming under submergence is not easy. The MoU signed for Ken-Betwa link is only a broad acceptance for taking up DPR work. There is no clear cut understanding on the quantity of water to be transferred. If the MoU is revised at later stage, the whole exercise of preparing the DPR will undergo revision. He further stated that the ILR in its present form is not acceptable to the States. The States of Orissa, Andhra Pradesh & Kerala are not accepting the NWDA proposals. The issue related to requirement of power and its recurring cost needs to be studied in depth. Moreover, the problem of sharing water among the States is another area to be considered with due care.

Keeping these aspects in view, the ILR proposal of NWDA should be reviewed by an
Independent Group of Experts. Regarding his NWP proposal, he stressed that the
proposal is very much different from that of Capt. Dastur. He then elaborated various
aspects of NWP proposal which were different from Capt. Dastur’s proposal.

Sh. Hasan was of the view that Shri A.C. Kamaraj has brought out an important point about the disagreement of States on ILR. He was of the view that the proposal of
Shri Kamaraj is not the same as that of Capt. Dastur and needs detailed examination by
the experts. He was of the view that proposal of Sh. Kamaraj has some merits. The
canals in the proposal of Shri Kamaraj may be used as storage. He suggested that the
ILR proposal to be divided in two parts:

First, the projects for which DPR has already been prepared long ago and the projects stand on their merit, should be first considered for creation of storages on priority. These projects like Inchampalli, Pulichintala, Manibhadra, Polavaram etc. may be considered for interlinking of rivers by providing some additional storage.

Second, the Interlinking of Rivers with various options may be considered by the
experts. The proposal of Sh. Kamaraj could be examined by experts or apex organization like CWC.

Secretary, Ministry of Water Resources mentioned that it is not true that agreements are not coming forth. An agreement for preparation of DPR of Ken-Betwa link has already been signed. Similar agreements are likely to come soon in respect of
Par-Tapi-Narmada, Damanganga-Pinjal and Parbati-Kalisindh-Chambal links. Detailed
Project Report of links are being prepared to see the viability of the projects. He also desired that the proposal of Shri Kamaraj may be examined by CWC. Chairman, CWC
requested Shri Kamaraj to make available his updated proposal with more technical
details for examination by CWC.

Sh. Thakkar informed that he will make his presentation on Ken-Betwa link in the next meeting of the Committee. He suggested a number of issues to be covered in EIA Study.

Secretary, Ministry of Water Resources desired that he could forward his suggestions in writing.

Prof. Vijay Paranjpye mentioned that the total utilization from Daudhan project is
3254 Mm3 while live storage capacity is only 2775 Mm3. He also mentioned that water
balance study is required to be done in a comprehensive manner as there are certain
discrepancies noticed in the salient features of the project in the EIA report as
compared to the feasibility report of the Ken-Betwa link. He also pointed out that the
area to be brought under irrigation is on higher side considering the delta and
availability of water. Prof. Paranjpye also requested for a copy of water balance study of Ken-Betwa as it will help them to convince the people about the benefits of the projects.

Director General, NWDA clarified that NWDA has carried out the water balance study of basins/sub-basins/at diversion point before formulating the project. He also mentioned that the utilization figures are bound to be more than the live storage as the water is kept on releasing as the flows are received. Also, all the parameters are being studied in detail while preparing the DPR of Ken-Betwa link.

Sh. Z.Hasan explained that NWDA has prepared water balance studies of almost all major basins/sub basins of Peninsular Components and also at diversion points. These studies were carried out as per guidelines approved by TAC. The input of these studies are taken from various State Govts. and Central Govt. agencies/departments. These reports are also prepared for Himalayan Component.

Chairman desired the discrepancies, if any, in the report must be rectified. He appreciated the efforts of Prof. Paranjpye to go through the report and to make
suggestions for improvement. He desired that Prof. Paranjpye could forward his
suggestions in writing.

Item No. 4.3 (e) : Holding the meetings of the Committee on quarterly basis.

Director General, NWDA informed the members that as decided in the 4th meeting of the Committee, the meetings will be organized on quarterly basis.

Item No. 4.3 (f) : Uploading the NCAER report on the website .

Director General, NWDA informed that NCAER report has been received. It is under finalization in MOWR. The Secretary (WR), desired that it should be uploaded
on the website of NWDA at the earliest.

Item No 4.4 : Suggestions of Shri P. Sen.

Director General, NWDA informed the members that the work of preparation of maps of drought prone area vis-à-vis link command for superimposition is underprogress. It is a lengthy work and will take some time for completion.

Item No. 4.6 : Provision of online discussion forum in the website of NWDA.

Director General, NWDA informed the members that the work of redesign of the website of NWDA for providing online discussion forum is entrusted to NIC and they are expected to send ToR/estimate to NWDA shortly. The Secretary (WR) desired that online discussion forum may be made functional by October, 2008.

Item No. 5.3 : Suggestions made by the members during the previous meeting/vide subsequent communication and status of the same.

Shri A.C. Kamaraj thanked for arrangements made by NWDA officers during the field visit of Ken-Betwa link area. He mentioned that Daudhan dam site is an ideal site.
Director General, NWDA thanked Shri Thakkar for his extensive remarks during field visit and the interim report. He assured that the suggestions will be sent to the committee constituted for evaluation, award & monitoring of EIA studies of Ken-Betwa link. Chief Engineer (N), NWDA informed that suggestions have been made by NWDA for incorporation in the Second Interim Report. Prof. Vijay Paranjpye mentioned that he will send a detailed note on examination of interim report and requested to make available copy of second interim report to the members of the committee. For detailed studies and economic analysis, the data of water availability and command area are must. All options for increasing the irrigation including ILR are to be examined.

Increase in irrigation area on one side and losses on O & M, siltation etc. on the other side have not proved productive and fruitful. He also requested for a copy of a good water balance study of any basin carried out by any organization under MOWR. Chief Engineer (BP&MO), CWC clarified that water balance studies are carried out
projectwise. Only NWDA has carried out water balance study basinwise. Chairman,
CWC mentioned that Govt. of Madhya Pradesh has carried out a water balance study of
Narmada and other for Mahanadi basin.

Prof. M.N. Madhyastha mentioned that flow data has not been properly presented in the First Interim Report. He also desired to send a detailed note. He also informed that Govt. of Karnataka has provided Rs.50 crore for ILR. Compensation for water to donor State may lead to consensus for ILR. Shri Z. Hasan mentioned that under air pollution studies given in EIA report no mention has been made about the impact during construction stage of huge reservoir. Also its impact on ground water should be covered. The report should also include the benefits of potable water and increase in vegetation.

Shri Himanshu Thakkar mentioned that the Second Interim Report has been received. The same should have also been circulated. He also wanted to know the status of intra-state links being studied by NWDA.

Secretary (WR) mentioned that it should have a win-win situation for donor and
donee States. The committee responsible to examine the EIA report of Ken-Betwa link
has given suggestions to improve the report, so it will be better to supply a copy of
modified EIA report after receipt from the consultant. He agreed to the suggestion of
Shri Thakkar for providing the status of intra-state links being studied by NWDA in next meeting. Secretary, Water Resources also requested the members to send their views in writing . He also informed Prof. Paranjpye that a water balance study report prepared by NWDA will be made available to him.

The meeting ended with a Vote of thanks to the Chair.

Annexure-I

List of Participants of the 5th Meeting of the Committee of Environmentalists,
Social Scientists and other Experts on Interlinking of Rivers held on 24.07.2008 at
New Delhi.

Shri U.N.Panjiar, Secretary (WR) In Chair
Members of the Committee:
1. Sh. A.K.Bajaj, Chairman, CWC Member
2. Sh. Z. Hasan Member
3. Sh. P.Sen Member
4. Prof. M.N. Madhyastha Member
5. Sh. Rajendra Singh Member
6. Prof. Vijay Paranjpye Member
7. Sh. Himanshu Thakkar Member
8. Sh. A.C.Kamaraj Member
9. Sh. A.D.Bhardwaj, Director General, NWDA Member-Secretary

Apology:
1. Secretary, Ministry of Social Justice & Empowerment.
2. Secretary, Ministry of Environmental & Forests.
3. Dr.(Mrs.) Mala Kapur Shankardass
Special Invitees:
1. Shri Indra Raj, Commissioner (PR), Ministry of Water Resources.

Apology:
1. Additional Secretary, Ministry of Water Resources.
2. Sh. Ranjit Kumar, Learned Amicus Curiae.
Other participants:
1. Air Vice Marshal S. Sahni (From the o/o. Dr. Ashok Khosla,
Member of the Committee)
2. Sh. A.K.Ganju, Member (WP&P), CWC.
3. Sh. S.K.Sinha, Chief Engineer, (BP&MO), CWC.
4. Sh. M.K.Sinha, Chief Engineer (N), NWDA, Lucknow.
5. Sh. P.R.Rao, Chief Engineer (S), NWDA, Hyderabad.
6. Sh. N.K. Bhandari, Chief Engineer (HQ), New Delhi.
7. Sh. Muzaffar Ahmad, Superintending Engineer-I, NWDA, New Delhi.
8. Sh. S.C.Awasthi, Dy.Director, NWDA, New Delhi.
9. Sh. Jabbar Ali, Dy. Director, NWDA, New Delhi.

Annexure-II

No. NWDA(SCILR)/Tech-1/200/3/05 (Vol-IV) Dated: 28.2.2008

To

As per list enclosed.

Sub: Minutes of the 4th Meeting of the Committee of Environmentalists,
Social Scientists and other Experts on Interlinking of Rivers.
Ref: No. NWDA(SCILR)/Tech-1/200/3/05 (Vol-IV)/30-51 dated 6/2/08

Sir/Madam,

Kindly refer to the letter No. NWDA(SCILR)/Tech-1/200/3/05 (Vol-IV)/30-51 dated 6/2/08 wherein the minutes of the 4th Meeting of the Committee of Environmentalists, Social Scientists and other Experts on Interlinking of Rivers held on 8.1.2008 at New Delhi were sent. On page 2 (para-2, last line), the word “list-II” may please be read as “list-I”. The inconvenience caused is regretted.

Yours faithfully,
Sd/-
(Muzaffar Ahmad)

Copy for information & necessary action to:

PPS to the Secretary, Ministry of Water Resources & Chairman of the Committee,
Government of India, Shram Shakti Bhawan, Rafi Marg, New Delhi. Phone: 011-
23715919, 23710305 Fax: 011-23710305. E-mail : secy@mowr.nic.in

Members:
Secretary, Ministry of Social Justice & Empowerment, Government of India, Room
No. 604A, Shastri Bhavan, New Delhi. Phone No. 011- 23382683 , 23389184 (o),
23385180 (Fax). E-mail : secywel@sb.nic.in

Secretary, Ministry of Environment & Forests, Govt. of India, Paryavaran Bhavan,
CGO Complex, LodiRoad New Delhi. Phone 011- 24360721(o), 24362746 (Fax).
E-mail : secy@menf.delhi.nic.in

The Chairman, Central Water Commission, R.K. Puram, New Delhi, 110066. Email:
cwcchairman@netscape.net

Shri Z. Hasan, Former Secretary (WR), GOI, C-104, Sector 26, Noida – 201301. Tel:
(R) 95120 – 2444181, M) 9312224839. E-mail: zafarul_h@hotmail.com

Shri A.C. Kamaraj , Chairman, NAWAD Council, 409, K.K. Nagar, Madurai-625 020.
Tel: (R) 0452-2587351 & 2589215, mobile 09443066561. Fax : 0452-2583304. E-mail:
ackamaraj@hotmail.com

Shri P. Sen, (Rtd.) Member, CWC, 57/1, Raja Dinendra Street, Kolkata – 700 006
(West Bengal). Tel: 033 – 23504759, 03222-283453. E-mail: djsen@iitkgp.ac.in

Shri Rajendra Singh, Director, Tarun Bharat Sangh, 34-46, Kiran Path, Jaipur-302020.
Telefax: 0141-2393178 (O), (M) 09414066765.
E-mail: jalpurushtbs@gmail.com

Dr. Mala Kapur Shankardass, Chairperson, Development, Welfare & Research
Foundation (DWARF), D-104, Anand Niketan, New Delhi-110021. Tel: (M)
9818138553, (R) 951292513270. E-mail : mkshank2001@yahoo.co.in,
vol_org@yahoo.co.in

Dr. Ashok Khosla, President, Development Alternatives, 111, Z/9, Kishan Garh,
Vasant Kunj, New Delhi-110070. Tel: 26967938,26565370, 26851158 (O) , 9810272963
(M) . E-mail: akhosla@hotmail.com

Prof. M.N. Madhyastha, Emeritus Fellow (AICTE), Dept. of Chemical Engineering,
National Institute of Technology, Surathkal, Mangalore – 575 025. Vinyas, Prashanth
Nagar, B/H. Derebail Church, Mangalore-575006. Mobile 094482 16961, Tel: (R)
0824-2221339. E-mail: madhyasthamn@yahoo.co.uk

Shri Himanshu Thakkar, South Asia Network on Dams, River and People, 86-D, AD
Block, Shalimar Bagh, Delhi-88. Tel. : 27484645/4655
Email : ht.sandrp@gmail.com, cwaterp@vsnl.com

Prof. Vijay Paranjpye, Chairman, Gomukh Environmental Trust for Sustainable
Development, 92/2 Durga, Gangote Path, Erandwane, Pune-411004. Tel. : 020-
25673324, 25651434, 25672448
Email : paranjpye@yahoo.co.uk

Special Invitees:
Additional Secretary, Ministry of Water Resources, Government of India, Shram
Shakti Bhawan, Rafi Marg, New Delhi. Phone: 011-23710619, 23725477.
E-mail: aswrs-mowr@nic.in

Commissioner (PR), Ministry of Water Resources, S.S.Bhawan, New Delhi. Email:
commpr-mowr@nic.in

Shri. Ranjit Kumar, Learned Amicus Curiae, Chamber No. 205, New Lawyers
Chamber, Supreme Court of India, New Delhi-110003. Phone : 23070205 (O),
29244110 (Fax)
A-47, Kailash Colony, New Delhi. Phone : 29234106, 8, 9 (R).
Email : kranjit13@hotmail.com

Other Invitees:
The Chief Engineer (EMO), Central Water Commission, Sewa Bhawan, R.K. Puram,
New Delhi. Phone : 011-26106849. Email : khanna_env@yahoo.com

The Chief Engineer (North), NWDA, 4/193-F, Vishal Khand, Gomti Nagar, Lucknow
(U.P.) 226010. Phone : 0522-2304447. Email : nwdaald@rediffmail.com

Chief Engineer (South), NWDA, 10-2-289/39, First Floor, Shantinagar, Hyderabad-
500028. Phone 040-23307360, 23307022 (O)
Email : cfsnwda@rediffmail.com

Chief Engineer (HQ), NWDA, 18-20, Community Centre, Saket, New Delhi-110017.
Phone : 011-26852735 (O)
Email : cehqnwda@rediffmail.com
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Sunday, January 18, 2009

Draft EIA Notification Proposes Simplification of Procedure & Societal Vigil for Enforcement

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Prime Minister's Office

Promoters to make Public Environmental Pollution Status of Project: Draft Notification Proposes Simplification of Procedure and Societal Vigil for Enforcement

Government of India has initiated the process of further rationalizing the Environmental Impact Assessment (EIA) Notification 2006 with the issue of a draft notification inviting comments. These revisions have been made in view of experience gained in the last two years. The proposed changes seek to make the notification more comprehensive, simplify procedure where required and also enhance powers of states with respect to certain types of clearances.

For the first time it proposes to proactively provide for increasing societal vigil on environmental projects by making it compulsory for project proponents to make public the terms of the environmental clearance. The draft notification provides for the project proponent to compulsorily make public at their cost the terms of the environmental clearances obtained by them by advertising in two local newspapers of the district/state where the project is located. In addition, copies of the environmental clearances will also have to be made available by the sanctioning authorities to the local bodies whether panchayats or municipal bodies where the project is located and to relevant government offices at the local level. The Central and State authorities would also place the environment clearances on their websites.

These steps are intended to ensure that the conditions of environmental clearances are strictly complied with by the project proponents and in case of any lapse, this could be brought to notice by the local population or its representatives. This is expected to remedy situations where the enforcement is dependent on enforcement authorities on whom citizens cannot mount any pressure in the absence of their knowledge of the provisions of the environmental clearances. It is also expected that this will move the environmental protection agenda into the public domain and would be in keeping with the spirit of disclosure involved in the Right to Information Act.

Adoption of non-polluting technologies and processes which do not increase the pollution load and conservation of natural resources is sought to be promoted by liberalising existing provisions. Projects for modernisation and expansion using such technologies and processes are exempted from the purview of the EIA Notification. Biomass based power plants up to 50MW capacity and prospecting of minerals are proposed to be exempted from the purview of the notification. Further, in view of the delay being caused to expansion and modernisation projects due to several states not having constituted their EIA authorities yet, it is proposed to exempt a certain category of projects from scoping for three years.

January 16, 2009, Issued by PIB
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Supreme Court Committee seeks CBI probe into illegal waste oil import

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Supreme Court Monitoring Committee (SCMC) on Hazardous Wastes has recommended a Central Bureau of Investigation (CBI) inquiry into the unpardonable breach of environmental security and contempt of court by the non- traceable illegal waste oil importers and concerned officials. The case is due for hearing on January 28, 2009 in the apex court. SCMC has singled out Maharashtra, Gujarat and Kerala for their non-compliance with the court’s orders.

According to the definition, waste oil, which comes off ships, contains spills of crude oil, tank-bottom sludge, used fuel remains, emulsions and slop oil, and is highly hazardous. Such oil contain toxic levels of cadmium, chromium, arsenic, lead, sulphur and halogens, among other substances. Its processing releases harmful constituents such as dioxins and furans, which are proven cancer-causing toxins into the environment.

Surprisingly, in his report submitted to the court, Gopal Subramaniam, the Additional Solicitor General has conceded the fact of ongoing illegal traffic of waste oil but has not held anyone guilty nor has he sought any penal action against the culprits. Surprisingly in his report submitted to the court the Additional Solicitor has conceded the fact of ongoing illegal traffic of waste oil but has not held anyone guilty nor has he sought any penal action against the culprits.

Unscrupulous traders in the garb of importing used oil or furnace oil, are importing waste oil which is a banned item. So far Environment Ministry has not taken any action on illegal hazardous waste imports. Issue of waste oil, a hazardous waste is still pending the Supreme Court. All through 2007, the court kept asking the the ministry of environment and forests to come out with clear guidelines to contain illegal waste oil trade in India but so far its directions has not been complied with.

The additional solicitor general was supposed to give a comprehensive note to the court in this regard to implement the recommendations of the Prof. M.G.K. Menon Committee on waste and used oil, set up by the court. The court has asked the ministry to list out the importers, who illegally imported the 133 containers of waste oil, and make them pay for it. The court is yet to pass orders on the 209 other containers of waste oil which are lying at ports.

It has been brought to the notice of the Court that 15 importers, whose names and addresses are known, illegally imported waste oil in 133 containers in the garb of lubricating oil. Prof. Menon Committee's report (pp. 170-171) had noticed the presence of the consignment of this waste oil after the laboratory tests were undertaken.

The illustrative incidents of illegal handling of waste oil like the instance of illegal handling, the Inland Container Depot (ICD), Tughlakabad, Delhi released 51 containers of waste oil to two companies in the second week of February, 2003. And 16 containers were released to Faridabad-based Pal Chemicals Ltd and 35 to Ludhiana-based Om Udyog Ltd.

The other case pertains to Jawahar Customs, Nhava Sheva, Jawaharlal Nehru Port Trust (JNPT), Mumbai. Jawahar Customs published an auction notice for 273.16 metric tonnes of waste oil in the Mumbai edition of a national daily on February 13, 2003. The auction was scheduled to take place within the JNPT premises.

The situation has worsened after the Supreme Court order dated 14 October, 2003 that called for tightening of norms because of ports lack of adequate equipment and capacity to test and track where the waste oil goes. The near defunct status of Central Pollution Control Board has been highlighted by a recent report of the Parliamentary Standing Committee on Environment as well. Prof. Menon Committee too had revealed the decay in the capacity of the pollution control boards across the country.

According to the International Convention for the Prevention of Pollution from Ships, 1973, called the Marpol Convention, ports are required to have storage and incineration facilities for hazardous oil. Our ports do not have such facilities and the oil is directly given to recyclers without testing for percentage of contaminants. Because it is given away directly, it is virtually impossible for Pollution Control Boards to either know the content of the oil or to track its movement.

Earlier, the court had ordered on May 5, 1997, “no authorisation or permission (for hazardous waste) would be given to any authority ... which has already been banned by the Union government or by any order made by any court or any other authority...(In addition to this) no import would be made or permitted … under the Basel Convention.”

In 2006, National Environmental Engineering Research Institute (NEERI)'s Status Report on Management of Hazardous Waste in India noted, “Lack of laboratory facilities for analysis of trace organics such as PCBs could either result in holding up of supplies for long periods of time merely on grounds of suspicion or lead to illegal imports of waste oil under the garb of used oil. As a first step, a through assessment of laboratory facilities available at all the ports, in particular, facilities available both in terms of equipment and trained man-power and equipment for analysis of all important heavy metals and trace organics, should be taken up and a time-bound plan prepared for their upgradation. Till such time all the ports are upgraded both in terms of equipment and training of laboratory personnel,, it would be necessary to consider channelisation of all hazardous wastes through selected ports well equipped to handle them and for this purpose, ports may be categorised suitably."

Arul Rajan, Proprietor of Chennai based Arul Exports & Imports has posted an advertisement dated 15th February, 2008 saying, "We need waste oil in large quantity. Interested parties contact with full details." This ad is valid till February 14,2009. One can visit http://www.alibaba.com/buyeroffers/Waste_Oil.html and check several such importers. If importing waste oil is indeed a banned item, how come such ads are being published? The connivance of ministries of Commerce, Finance and Environment is quite manifest.

In February 2002, the Supreme Court had fined the Ministry of Environment & Forests Rs.10, 000 for not having complied with its orders regarding the disappearance of hazardous waste oil from major ports in the country. The waste oil was imported into the country as lubricants. Perhaps the apex court may be compelled to once again impose penalties and recommend penal action based on CBI’s findings against the government officials and the importers.
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Tuesday, January 13, 2009

Plastics: Possible Impacts on Children’sHealth

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Phthalates and Bisphenol A (BPA), can act as “endocrine disruptors” in animal.Similar hormonal like activity in human systems is possible.

Health effects attributed to endocrine disrupting compounds include a range of reproductive problems (reduced fertility, male and female reproductive tract abnormalities, and skewed male/female sex ratios, loss of fetus, menstrual problems changes in hormone concentrations; early puberty; brain and behavior problems; thyroid hormone and gland changes; impaired immune functions; and various cancers)

These chemicals can leach from plastic containers into foods and beverages causing exposure from dietary ingestion. In addition, children may be exposed through inhalation from these chemicals in dust and through the skin from dermal transfer.

Detectable concentrations of these chemicals have been found in blood, urine, breast milk, and amniotic fluid in the general population. There are only a few human studies focusing on in utero or childhood exposures, so most of our knowledge of potential health effects stems from published animal studies.

Phthalates

Phthalates are man-made chemicals used as a “plasticizer” in a variety of industrial and commonly used products. These chemicals are anti-androgenic and can adversely
impact androgen sensitive tissues during specific windows of development.

Animal Studies (all are high dose exposures in utero) - significant testicular toxicity in utero and in early development (testicular dysgenesis syndrome)
- increased incidence of male reproductive tract abnormalities in offspring of prenatally exposed rats including hypospadias, cryptorchidism, and testicular tumors
- decreased birth weight after prenatal exposure
- kidney and liver malignant tumors (not thought to be relevant to human
exposures) Human Studies
- prenatal phthalate exposure has been associated with a decreased
anogenital distance (marker of androgenization), reduced penile
size, and incomplete testicular descent
- phthalate exposure through breast milk has been associated with increased LH, decreased free testosterone and increased serum human binding globulin in 3 month
old male infants
- early childhood exposure to phthalates has been associated with increased rhinitis, eczema, asthma, wheezing
- several studies relate phthalate exposure with abnormal sperm morphology/sperm DNA damage in adult males

Bisphenol A

Bisphenol A is a man made chemical used in hard, polycarbonate plastics. BPA acts as a
pro-estrogenic substance in the body. It has chemical properties similar to estradiol and can impact biological systems in very low doses.

Animal Studies
- neurotoxic, stimulates estrogen receptors in brain, prenatal exposures lead to changes in behavior including hyperactivity, increased aggression, impaired
learning
- prenatal exposure is associated with early puberty and increased mammary tumors in offspring, increased risk of prostate hypertrophy
- prenatal exposure associated with increased adipocytes and increased body weight in offspring
- adult exposure associated with modulation of helper T1 and T2 cells which in turn adversely affects antibody production

Human Studies

- extensive evidence that humans are exposed at concentrations similar
or higher than doses used in several animal studies that document adverse health effects
- no epidemiologic studies published examining human health effects.

Sources of Phthalate and Bisphenol A Exposures

There isn’t a disclosure requirement or comprehensive list to aid consumers in
identifying plastic containers with Phthalate or Bisphenol A. However, Recycling
Codes can be a clue to phthalate or BPA containing products Phthalates

Vinyl (Polyvinyl Chloride – PVC) – PVC tubing, clear food and non-food packaging,
medical tubing, wire and cable insulation, film and sheet, construction products such as pipes, fittings, siding, floor tiles, carpet backing, plastic toys and other flexible plastics.

Phthalates can also be found in several cosmetics and personal care products such as lotion, aftershave, and perfumes/cologne.

Bisphenol A
#7 is considered the “other category” This can include hard, polycarbonate plastics
such as those used in water bottles for hiking/camping, or baby bottles and sippy cups.
Bisphenol A is also used in can linings and products with thin plastic film coatings such as yogurt containers.

Tips on How to Avoid Exposure

Phthalates
• look for recycling code and avoid use of
#3 when possible
• do not microwave food/beverages inplastic
• do not microwave or heat plastic cling wraps
• use alternatives to plastic packagingwhen possible
• buy phthalate-free toys or those approvedby the European Union (the EU has
placed a ban on using certain types of phthalates in children’s toys) (any handy
website to refer to?)

Bisphenol A
• look for recycling code and avoid use of#7 (may or may not contain Bisphenol Awhen possible
• if using hard polycarbonate plastics (nalgene/baby bottles/sippy cups), take precautions. Do not use for warm/hot liquids, discard old scratched bottles
• use safe alternatives such as glass or poly ethylene plastic
• choose canned foods from makers who don’t use BPA (i.e. Eden foods)
• try to buy soups/milk/milk products incardboard cartons

Key References
Bornehag, C. G., J. Sundell, et al. (2004). "The association between asthma and allergic
symptoms in children and phthalates in house dust: a nested case-control study." Environ Health Perspect 112(14): 1393-7.
Calafat AM, Ye X, Wong LY, Reidy JA, Needham LL. Exposure of the U.S. population to
bisphenol A and 4-tertiary-octylphenol: 2003-2004. Environ Health Perspect. 2008
Jan;116(1):39-44.
Gray LE Jr, Wilson VS, Stoker T, Lambright C, Furr J, Noriega N, Howdeshell K, Ankley GT,
Guillette L. Adverse effects of environmental antiandrogens and androgens on reproductive development in mammals. Int J Androl. 2006 Feb;29(1):96-104; discussion 105-8. Review.
Hauser R, Meeker JD, Duty S, Silva MJ, Calafat AM. Altered semen quality in relation to
urinary concentrations of phthalate monoester and oxidative metabolites. Epidemiology. 2006 Nov;17(6):682-91.
Hauser R, Meeker JD, Singh NP, Silva MJ, Ryan L, Duty S, Calafat AM. DNA damage in
human sperm is related to urinary levels of phthalate monoester and oxidative metabolites. Hum Reprod. 2007 Mar;22(3):688-95. Epub 2006 Nov 7.
Main KM, Mortensen GK, Kaleva MM, Boisen KA, Damgaard IN, Chellakooty M, Schmidt IM,
Suomi AM, Virtanen HE, Petersen DV, Andersson AM, Toppari J, Skakkebaek NE. Human
breast milk contamination with phthalates and alterations of endogenous reproductive hormones in infants three months of age. Environ Health Perspect. 2006 Feb;114(2):270-6.
Richter CA, Birnbaum LS, Farabollini F, Newbold RR, Rubin BS, Talsness CE, Vandenbergh
JG, Walser-Kuntz DR, vom Saal FS. In vivo effects of bisphenol A in laboratory rodent studies.
Reprod Toxicol. 2007 Aug-Sep;24(2):199-224. Epub 2007 Jun 26. Review.
Swan SH, Main KM, Liu F, Stewart SL, Kruse RL, Calafat AM, Mao CS, Redmon JB, Ternand
CL, Sullivan S, Teague JL; Study for Future Families Research Team. Decrease in anogenital distance among male infants with prenatal phthalate exposure. Environ Health Perspect. 2005
Aug;113(8):1056-61. Erratum in: Environ Health Perspect. 2005 Sep;113(9):A583.
Vandenberg LN, Hauser R, Marcus M, Olea N, Welshons WV. Human exposure to bisphenol A
(BPA). Reprod Toxicol. 2007 Aug-Sep;24(2):139-77. Epub 2007 Jul 31. Review.
Vom Saal FS. Plastic Promises: Better Living or Bodily Harm. Slide presentation, Seattle, 15 Feb. 2006; and http://endocrinedisruptors.missouri.edu/vomsaal/vomsaal.html, viewed 4/11/2006.
Wetherill YB, Akingbemi BT, Kanno J, McLachlan JA, Nadal A, Sonnenschein C, Watson CS,
Zoeller RT, Belcher SM. In vitro molecular mechanisms of bisphenol A action. Reprod
Toxicol. 2007 Aug-Sep;24(2):178-98. Epub 2007 May 29. Review.
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University of Alabama Research Shows Dangers of Plastic Additives

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Animal research at the University of Alabama at Birmingham is resurrecting cancer concerns about a plastic additive commonly used in consumer products, including baby bottles, water bottles and the linings of cans.

Coral A. Lamartiniere, a top toxicologist and senior scientist at UAB's Comprehensive Cancer Center, said low levels of bisphenol-A, BPA, given orally to rodents caused tumors and genetic changes consistent with early stages of cancer growth.

Much of the research, performed over the past six years, is being prepared for review and publication, but a key paper on BPA was published last week in the journal Environmental Health Perspectives.

"The inference here is this compound could predispose humans toward breast cancer," said Lamartiniere, who led the study.

The U.S. National Toxicology Program raised public concern about BPA on April 14, reporting that high dose levels of the compound created health hazards in laboratory animals. The agency said some concern was warranted for human fetuses, children and girls approaching puberty.

But the agency noted that the threat was only possible and not certain. Critical evidence was missing, including good studies showing the impact of low doses of BPA on lab animals and humans, the agency reported.

Shortly thereafter, the Food and Drug Administration reassured the public that products containing BPA were safe, but noted that alternative products without BPA were available.

In testimony before Congress in May, the spokesman for the American Chemistry Council, an industry organization, said only traces of BPA could be found in products, and the compound has been used for decades and widely studied for safety.

"Recent media attention has created public concern and confusion about some of these chemicals," Steven G. Hentges, a scientist with the council, told a Senate subcommittee.

Lamartiniere said there was no doubt about his study results, and animals were tested at concentrations of BPA similar to exposures experienced by people.

"In fact, it's below the concentration that the EPA deems safe," he said. "With BPA we're finding changes that are consistent with oncogenisis, or cancer causation."

In the study published last week, Lamartiniere and colleagues gave female rats with nursing litters oral doses of BPA. The result: The baby rats matured with higher levels of breast cancer.

Beyond cancer:

The issue of plastic additives and health goes far beyond cancer, and into a new scientific frontier created by technology allowing researchers to view genetic changes caused by chemicals.

"It's amazing how every compound has a genetic signature," said Dr. Jose Russo of the Fox Chase Cancer Center in Philadelphia, a close colleague of Lamartiniere and co-author of the paper published last week.

The research is the product of an ongoing, multisite study originally conceived to find causes of breast cancer and funded by the National Institute of Environmental Health Sciences and the National Cancer Institute.

Russo said researchers are looking at two types of plastic additives that have raised red flags in animal studies - phenols and phthalates.

BPA is a phenol, and researchers suspect that girls exposed to these compounds before puberty could become more susceptible to breast cancer. Hormonal activity later in life - during puberty, pregnancy or menopause - may trigger this susceptibility.

Researchers suspect phthalates may cause genetic changes in girls that predispose them to obesity.

The research is far from conclusive.

"We need to be very careful," Russo said. "Don't go crazy."

Russo said human studies are under way in New York, Ohio and California that should produce more definitive results about relative risks.

Data likely in 2 years: In one of those studies, Dr. Frank M. Biro of Cincinnati Children's Hospital said his team of researchers has recruited 378 young girls in the Cincinnati area. The girls have been tested for exposure to phenols and phthalates. Researchers have also tested the girls for exposure to phytoestrogens - natural compounds that occur in plants such as soy and also are believed to cause changes in hormonal cycles.

"We're looking for girls with a particular exposure profile," Biro said.

Using cutting-edge genetic technology, Biro plans to compare girls with little or no exposure to any of these compounds to girls with heavy exposures.

"Our hypothesis is there are certain genes that get turned on earlier, that get turned on harder," he said. "So it's either a time issue or a strength issue."

As Biro's work progresses, Lamartiniere intends to compare the genetic profiles of the girls with the genetic profiles of the exposed lab animals and see whether there is a connection.

Biro believes his team will have meaningful results from the research in two years, although he has examined some early data.

"Give our studies another couple years and there is going to be conviction about some of these chemicals," he said. "We may not have the definitive answers, but we'll be able to ask better questions."

E-mail: dparks@bhamnews.com
11 January, 2009
The Birmingham News
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Thursday, January 08, 2009

Chemist blasts incineration process

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Dr Paul Connett is known for his specialization on about environmental sustainability and the evils of incinerating trash.

His interest in opposing all kinds of incineration plants began in 1985 when a plant was to be built in St. Lawrence County, N.Y., where he teaches chemistry at St. Lawrence University. He said he started out as a nimby (not in my backyard) but his degree in chemistry propelled him to study the matter further.

Even though the Anderson plant, to be built by PEAT International, will be the first of its kind in the U.S., Connett says it’s incineration with a different name.
“It’s all essentially the same,” he said.

He said between 1985 and 1995, 300 incinerators were defeated in communities around the country.

In traditional incineration, he said, solids are burned and then the gases from the process are cleaned. With PEAT’s plasma arc, the gases are cleaned before they are burned.

“But you’re still hostage to how the cleaning is done,” he said. “The whole process is poorly regulated. It will never be monitored on a scientific level.”

Connett said the dangers to escaping gases lie in the inhalation of nano particles, which represent a billionth of the gases.

“”They’re difficult to capture,” he said. “They can cross any membrane.”

The study of nano pathology, how the nano particles affect people, is new, he noted.

Another area of danger, he noted, was nano particles getting into the food chain.

Connett said he is a Zero Waste advocate. He says recycling and composting are more effective and use less energy than incineration. He dismisses PEAT’s claim that what it burns produced energy.

“This is not an energy-producing facility,” he said. “It’s really a waste of energy. The energy is in the torch. You’re not talking about something green. The only green here is money.”

Connett said the incineration plant would be bad for other industry and mentioned Nestlé, which uses local milk.

He also dismissed the idea that the Indiana Department of Environmental Management could monitor the plant.

“This is the most stupid political move city leaders could make,” he said.

“Give me a break,” he said. He added that such incineration plants need strong regulation, scientific monitoring and aggressive enforcement.

“(IDEM) has given up on air testing. There is no monitoring for nano particles, and (the incinerator) is not being monitored.

“You’re not protected here.”

Connett said there might be 36 hours of monitoring by the state compared to 8,000 hours of operation.

He admits the incineration industry has gotten better over the years, but decried it for using the same upbeat rhetoric through the years.

He wants to debate PEAT officials at the public forum, but it’s not clear if they will be at the meeting. A message was left for Nelson Slavic, spokesman for PEAT, but not returned.

Linda Dawson, economic development director for the city of Anderson, said Mayor Kris Ockomon will make every effort to be at the meeting.

“To present as much information to the public as possible is a positive thing,” said Dawson.

In order to achieve Zero Waste, Connett said, there must be community responsibility, separation of residuals and industrial responsibility. If it can’t be recycled, industry shouldn’t be making it, he said.

By Stephen Dick, Herald Bulletin Assistant Managing Editor

http://www.theheraldbulletin.com/local/local_story_006003229.html
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Waste oil exporters do not exist!!

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Unscrupulous traders in the garb of importing used oil or furnace oil, are importing waste oil which is a banned item. So far Environment Ministry has not taken any action on illegal hazardous waste imports. Issue of waste oil, a hazardous waste is still pending the Supreme Court. All through 2007, the court kept asking the the ministry of environment and forests to come out with clear guidelines to contain illegal waste oil trade in India but so far its directions has not been complied with.

The additional solicitor general was supposed to give a comprehensive note to the court in this regard to implement the recommendations of the Prof. M.G.K. Menon Committee on waste and used oil, set up by the court..

The court has asked the ministry to list out the importers, who illegally imported the 133 containers of waste oil, and make them pay for it. The court is yet to pass orders on the 209 other containers of waste oil which are lying at ports.

It has been brought to the notice of the Court that 15 importers, whose names and addresses are known, illegally imported waste oil in 133 containers in the garb of lubricating oil. Prof. Menon Committee's report (pp. 170-171) had noticed the presence of the consignment of this waste oil after the laboratory tests were undertaken.

The illustrative incidents of illegal handling of waste oil like the instance of illegal handling, the Inland Container Depot (ICD), Tughlakabad, Delhi released 51 containers of waste oil to two companies in the second week of February, 2003. And 16 containers were released to Faridabad-based Pal Chemicals Ltd and 35 to Ludhiana-based Om Udyog Ltd.

The other case pertains to Jawahar Customs, Nhava Sheva, Jawaharlal Nehru Port Trust (JNPT), Mumbai. Jawahar Customs published an auction notice for 273.16 metric tonnes of waste oil in the Mumbai edition of a national daily on February 13, 2003. The auction was scheduled to take place within the JNPT premises.

According to the definition, waste oil, which comes off ships, contains spills of crude oil, tank-bottom sludge, used fuel remains, emulsions and slop oil, and is highly hazardous. Across the world, such oil has to be reprocessed for recycled use, as they contain toxic levels of cadmium, chromium, arsenic, lead, sulphur and halogens, among other substances. When improperly processed waste oil is burnt in plants, all the harmful constituents are released into the atmosphere as dioxins and furans, which are proven cancer-causing toxins.

Ministry of environment and forests has made registration mandatory for all units recycling oil since 2000 but the illegal recycling of waste oil continues impunity.

The situation has worsened after the Supreme Court order dated 14 October, 2003 that called for tightening of norms because of ports lack of adequate equipment and capacity to test and track where the waste oil goes.

According to the International Convention for the Prevention of Pollution from Ships, 1973, called the Marpol Convention, ports are required to have storage and incineration facilities for hazardous oil. Our ports do not have such facilities and the oil is directly given to recyclers without testing for percentage of contaminants. Because it is given away directly, it is virtually impossible for Pollution Control Boards to either know the content of the oil or to track its movement.

Earlier, the court had ordered on May 5, 1997,"no authorisation or permission (for hazardous waste) would be given to any authority ... which has already been banned by the Union government or by any order made by any court or any other authority...(In addition to this) no import would be made or permitted … under the Basel Convention."

In 2006, NERRI's Status Report on Management of Hazardous Waste in India noted, " Lack of laboratory facilities for analysis of trace organics such as PCBs could either result in holding up of supplies for long periods of time merely on grounds of suspicion or lead to illegal imports of waste oil under the garb of used oil. As a first step, a through assessment of laboratory facilities available at all the ports, in particular, facilities available both in terms of equipment and trained man-power and equipment for analysis of all important heavy metals and trace organics, should be taken up and a time-bound plan prepared for their upgradation. Till such time all the ports are upgraded both in terms of equipment and training of laboratory personnel,, it would be necessary to consider channelisation of all hazardous wastes through selected ports well equipped to handle them and for this purpose, ports may be categorised suitably."

Arul Rajan, Proprietor of Chennai based ARUL EXPORTS & IMPORTS has posted an advertisement dated 15th February, 2008 saying, "We need waste oil in large quantity. Interested parties contact with full details." This ad is valid till February 14,2009 . If importing waste oil is indeed a banned item, how come such ads are being published.
The connivance of ministries concerned is quite manifest.

In February 2002, the Supreme Court had fined the Ministry of Environment & Forests Rs.10,000 for not having complied with its orders regarding the disappearance of hazardous waste oil from major ports in the country. The waste oil was imported into the country as lubricants. Perhaps the apex court may be compelled to once again impose penalties on the government and the culprits.
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Wednesday, January 07, 2009

Corporatization of Waste Underway

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Waste companies are in the process of taking over the entire waste economy across the India covered Agra, Ahmedabad, Asansol, Bangalore. Chennai, Coimbatore, Delhi, Hyderabad, Indore, Jabalpur, Jaipur, Jamshedpur, Cochin, Kolkata, Ludhiana, Madurai, Meerut, Mumbai, Nagpur, Nasik, Patna, Pune, Rajkot, Surat and Varanasi. It revealed that a majority of the cities (23 out of 25) surveyed have already engaged private sector companies in their waste management activities.

The survey shows that Delhi has the highest per capita expenditure on solid waste management (Rs 431) followed by Mumbai (Rs 428), Jaipur (Rs 301), Chennai (Rs 295) and Ludhiana (Rs 258). Manpower deployment for SWM is highest in Delhi (3.5 per 1000 population) and Mumbai (3.4 per 1000 population). Other cities surveyed such as Coimbatore, Madurai and Nasik also have a manpower deployment figure equal or above 3.0 per 1000 population.

Despite acknowledgement in the December 2008 Comptroller Auditor General’s Audit Report on Municipal Solid Waste in India that recommends (Chapter 3, Section 3.5) that “MoEF/states should consider providing legal recognition to rag pickers so that recycling work becomes more organised and also ensure better working conditions for them” in reiteration of what the National Environment Policy provides for, so far recognition for the service is missing their economic activity lies on the fringes of legality. This step can improve the working conditions of workers, which are often hazardous and unhygienic, and result in an increase in their daily wages.

The FICCI survey states that Rajkot and Hyderabad already have pelletisation plants and at least 11 cities of Delhi, Varanasi, Nasik, Jaipur, Ahmedabad, Chennai, Coimbatore, Pune, Bangalore, Surat, Cochin have also preferred it as treatment options for future.

Delhi Government has corporatized waste collection and transportation in 6 zones of Delhi. This means that ownership and control of recyclable wastes (Article 5.15 of the Contract) and control and rights over the Dhalao space too has been passed on to a private corporation. The terms of the contract were made by the Infrastructure Development Finance Corporation FOR (MCD). Taking over waste collection is just the first step.

The informal economy, with its recycling-driven business model, is doing the national capital city a great service. But the formalisation of the waste economy underway have come through the Municipal Solid Wastes (Management and Handling) Rules, 2000, issued by the Union Ministry for Environment and Forests. As per the Rules, all urban waste must be segregated on the basis of waste sources (that is, industrial, biomedical, and household) and the nature of the waste (that is, biodegradable, non-biodegradable and recyclables) and disposed of accordingly. The implementation of these rules has required a marked departure from the existing practices, and many urban local bodies in cities such as Delhi, Mumbai and Chennai have handed over waste collection and segregation to private waste management companies.

Municipal Corporation of Delhi estimates that privatisation has resulted in a steep reduction in the costs of garbage collection and transportation, and the MCD expected to save Rs.30-40 crores annually. A World Bank study has noted that this saving is being made because of the low wages being paid to workers.

The waste collection efficiency of the MCD stood at about 60 per cent, in spite of dedicating almost 95 per cent of its budget for waste handling, collection and transportation and leaving only 5 per cent for actual disposal. The MCD's inefficiency in waste management has meant that almost 20 per cent of Delhi's waste passes through the informal waste collection and recycling network at some stage.

Waste companies in Delhi are being paid on a "per tonne" basis, with the fee ranging from Rs.500 to Rs.700 a tonne. It acts as a disincentive for recycling and segregation and puts the newly created formal waste economy in direct conflict with the existing informal economy. Officials involved in the framing of the contract with private operators have explained that specific provisions have been incorporated in the contract to ensure an incremental 5 per cent segregation of household waste annually. A "40 items clause" (a list of 40 "restricted items" that shall not be counted as tonnage), officials say, has been specifically designed to protect rag pickers.

Non-degradable recyclables constitute about 12 per cent of the total waste. The corporate lust for profit is in the process of swallowing the source of waste pickers’ livelihood through manifest political patronage.

P.S: Waste economy provided livelihood to the most marginalized people. It is based on waste management process that involves waste collection (from municipal dumps, houses, offices and industrial estates); sorting (where recyclables are segregated); and recycling. However, these seemingly simple tasks are complex and labour-intensive and are routinely carried out by Delhi's informal network of pheriwallahs, boriwallahs, thiawallahs, binnewalahs, khattewallahs, kabariwallahs, godown owners, suppliers and recyclers.

Pheriwallahs and boriwallahs, with their large plastic sacks, are among the most visible manifestations of the category of "rag pickers". Their task is to scour the streets for usable maal. Maal could loosely be translated as "stuff". Maal is anything that is of some use or value. "It could be paper, plastic, glass or metal."

Binnewallahs are different in that they pick maal only from territorially demarcated municipal bins, while khattewallahs collect office waste. Thiawallahs and kabaris buy maal from offices or households; they usually command higher prices as their material is of much higher quality.

The first step in the recycling process is devoted to choosing between kooda (garbage) and maal. The maal is then transported either manually or on bicycles to the godowns. The godown can be a small shack tucked away in the corner of a large marketplace, an open tract of land near a drain, or a large open space hidden in the heart of the city.

Small traders buy untreated maal and pass it on to an assembly line of sorters, who specialise in classifying and segregating tonnes of undifferentiated plastic into more than 40 different categories that sell from Rs.2 a kg to Rs.200 a kg.
There are five types of waste paper - road-sweep, press cutting, newspaper, office waste and cardboard - and they fetch anywhere between Rs.1.50 and Rs.12 a kg.
There are three major categories of glass - white, red and multi-coloured; as for plastic, there are over 40 types.

P.S: When Delhi Chief minister Sheila Dikshit was asked *Bigger states than us have implemented the ban on plastic bags. Why can't we? She said, " That's not true. I was told Himachal has banned it but when I went there, it was still around. Here, it has reduced a lot thanks to the awareness initiatives at the school level. It works better this way because if we impose a ban, it would be smuggled in from Noida and Ghaziabad. We are trying to effect an attitudinal change which takes a little longer."

Clearly, non-progressive approach of the Delhi High Court panel comprising officials of Central Pollution Control Board, Chairman J M Mauskar, Delhi Pollution Control Committee, Chairman J K Dadoo and Justice R C Chopra, former Delhi High court judge which did not highlight how the developed countries like Germany and Singapore have successfully banned the product is weighing on her mind.

The clause (3) of Delhi Degradable Plastic Bag (manufacture, sale and usage) and garbage (control) Act 2000 which prohibits manufacture, sale or use of plastic bags other than degradable plastic bags leaves a loophole because no standard has been fixed regarding their degradibility and there is no research even in regard to the time taken for degradation. This clause is a major road block in ensuring total ban on plastic bags in Delhi besides lack of accountability for the enforcement of the ban order.
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