Hazardous Wastes (Managelllent, Handling and Transboundary Movement) Third Amendment Rules, 2010

THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII-SEC. 3(ii)]

MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION
New Delhi, the 30th March, 2010

S.O. 710(E).~In exercise oftlle powers conferred by sections 6,8, and 25 of the Enviromnent (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, namely:-

1. (1) These rules may be called the Hazardous Wastes (Managelllent, Handling and Transboundary Movement) Third Amendment Rules, 2010.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as the said nl1es), in rule

3, sub-rule (1), after clause (r), the following clause shall be inserted,
namely,-
" (ra) other wastes:- wastes specified in Part D of Schedule III shall not be
Hazardous waste unless they posses any of the Hazardous characteristics
specified in Part C of the Schedule in respect of impOlt or export of such wastes
in accordance with rules 12,13 and 14"·

3. In the said rules, in Chapter III, in rule 8, after sub-rule (7), the following
sub-rules shall be inserted, namely.-
" (8) Every trader desirous of import of Metal scrap, paper waste and other
wastes as listed in Schedule III (Part D) may make an application in Fonn 16
to any of the State Pollution Control Boards or·Pollution Control Committees.
(9) The State Pollution Control Boards or Pollution Control Committees will
register the trader on a one time basis and registration would be considered as
deemed if not objected to within a period of 30 days.
(l0) The registered trader shall be required to submit details of such import
and particulars of the actual users along with quantities to the concerned State
Pollution Control Board or Pollution Control Committees on a quarterly basis
and registration would be liable for cancellation on failure to furnish these
details to the State Pollution Control Boards or Pollution Control Committees:
Provided that the registration granted to the trader shall not be cancelled unless
he has been given a reasonable opportunity of hearing.
(11) An appeal shall lie against any order of suspension or cancellation or
refusal of registration passed by the Member-Secretary of the State Pollution
Control Board or Pollution Control Committees or any other officer designated
by the State Pollution Control Boards or Pollution Control Committees as laid
down in rule 26 of the said rules.
(12) The appeal shall be in writing and shall be accompanied with a copy of the
order appealed against and shall be made within period of thirty days from the
date of passing of the order".
4. In the said rules, in rule 16,-
(a) in the proviso to sub-rule (5),
(i) for the words" hazardous waste", the words "Metal scrap,
paper waste and other wastes";
(ii)for the word and letter "Part B", the word and letter "Part D"
shall be substituted;
(b) in sub-rule (6A),
(i) for the words "hazardous waste", the words "Metal scrap,
paper waste and other waste";
(ii)for the word and letter "Part B", the word and letter "Part D"
shall be substituted.
5. In the said rules, in schedule III, for the existing table under Part •B', the
following table shall be substituted, namely;-
"PART B
List of Hazardous Wastes applicable for Import and Export not requiring Prior
Infonned Consent
[Annex IX of the Basel Convention]
I Basel No.
I Bl
i B10lO
Description of Wastes
Metal and metal-bearing wastes
I Metal and metal-alloy wastes in metallic, non-dispersible form:
I - Thorium scrap
I - Rare earths scrap
BI020 Clean, uncontaminated metal scrap, including alloys, in bulk finished form ~
(sheet, plates, beams, rods, etc.) , of:
- Antimony scrap****
- Cadmium scrap
- Lead scrap (excluding lead acid batteries)
- Tellurium scrap****
BI030 Refractory metals cdntaining residues****
BI03I Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and
metal alloy wastes in metallic dispersible form (metal powder), excluding
such wastes as specified in list A under entry AI050, Galvanic sludges****
BI060 Waste selenium and tellurium in metallic elemental form including
powder****
BI070 Waste of copper and copper alloys in dispersible form, unless they contain
any of the constituents mentioned in Schedule 2 to the extent of
concentration limits specified therein ***
BI080 Zinc ash and residues including zinc alloys residues in dispersible form
unless they contain any of the constituents mentioned in Schedule 2 to the
extent of concentration limits specified therein***
BI090 Waste batteries conforming to a standard battery specification, excluding
those made with lead, cadmium or mercury. ****
BlI00 Metal bearing wastes arising from melting, smelting and refining of metals:
Slags from copper processing for further processing or refining containing
arsenic, lead or cadmium*** .
- Wastes of refractory linings, including crucibles, originating from copper
smelting
Tantalum-bearing tin slags with less than 0.5% tin****
BlIlO Electrical and electronic assemblies
- Electronic assemblies consisting only of metals or alloys****
- Waste electrical.and electronic assemblies scrap (including printed
I circuit boards) not containing components such as accumulators and other
batteries included on list A, mercury-switches, glass from cathode-ray tubes
and other activated glass and PCB-capacitors, or not contaminated with
constituents such as cadmium, mercury, lead, polychlorinated biphenyl) or
from which these have been removed, to an extent that they do not possess
any of the constituents mentioned in Schedule 2 to the extent of
concentration limits specified therein ****
- Electrical and electronic assemblies (including printed circuit boards,
electronic components and wires) destined for direct reuse and not for
recycling or final disposal.
11'12 G,I 110-3
14 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII-SEC. 3(ii)]
Bll20 Spent catalysts excluding liquids used as catalysts, containing any of:
Transition metals, excluding waste catalysts (spent catalysts, liquid used
catalysts or other catalysts) on list A:
Scandium Titanium
.Vanadium Chromium
Manganese Iron
Cobalt Nickel
Copper Zinc
Yttrium Zirconium
Niobium Molybdenum
Hafuium Tantalum
Tungsten Rhenium
Lanthanaides (rare earth metals):
Lanthanum Cerium
Praseodymium Neody
Samarium Europium
Gadolinium Terbium
Dysprosium Holmium
Erbium Thulium
Ytterbium Lutetium
B1l30 Cleaned spent precious metal bearing catalysts
B1l40 Precious metal bearing residues in solid form which contain traces of
inorganic cy'anides
B1l50 Precious metals and alloy wastes (gold, silver, the platinum group) in a
dispersible form
Bl160 Precious-metal ash from the incineration of printed circuit boards (note the
related entry on list A All SO)
B1170 Precious metal ash from the incineration of photographic film
Bl180 Waste photographic film containing silver halides and metallic silver
Bll90 Waste photographic paper containing silver halides and metallic silver
B1200 Granulated slag arising from the manufacture of iron' and steel
Bl210 Slag arising from the manufacture of iron and steel including slag as a source
I of Titanium dioxide and Vanadium
I
Bl220 Slag from zinc production, chemically stabilized, having a high iron content
(above 20%) and processed according to industrial specifications mainly for
construction
B1240 Copper Oxide mill-scale***
B2 Wastes containing principally incrganic constituents, which may contain
metals and organic materials
[\WT n-~ 3(ii)] · 15 -------------------------------- -... ','- -, B20I0 Wastes from mining operations in non-dispersible form: I
I
- Natural graphite waste
- Slate wastes
- Mica wastes
- Leucite, nepheline and nepheline syenite waste
- Feldspar waste
- Fluorspar waste
- Silica wastes in solid from excluding those used in foundry operations
B2020 Glass wastes in non-dispersible from:
- Glass Cullets and other wastes and scrap of glass except activated glass
cullets from cathode ray tubes and other activated glasses
B2030 Ceramic wastes in non-dispersible form:
Cermet wastes and scrap (metal ceramic composites)
- Ceramic based fibres
B2040 Other wastes containing principally inorganic constituents:
- Partially refined calcium sulphate produced from flue gas desulphurisation
(FGD)
- Waste gypsum wallboard or plasterboard arising from the demolition of
buildings
- Sulphur in solid form
- Limestone from production of-.calcium cyanamide (pH<9)
- Sodium, potassium, calcium chlorides
- Carborundum (silicon carbide)
- Broken concrete
- Lithium tantalum & Lillium-niobium containing glass scraps
B2060 Spent activated carbon resulting from the treatment of potable water and
processes of the food industry and vitamin production (note the related entry
on list A A4I60)
B2070 Calcium fluoride sludge
B2080 Waste gypsum arising from chemical industry processes unless it contains
any of the constituents mentioned in Schedule 2 to the extent of
concentration limits specified therein ,
B2090 \Vaste anode butts from steel or aluminium production made of petroleum
coke or bitumen and cleaned to normal industry specifications (excluding
anode butts from chlor alkali electrolyses and from other metallurgical
industry)
B2IOO Waste hydrates of aluminum and waste alumina and residues from alumina
production, arising from gas cleaning, flocculation or filtration process I
B2110 Bauxite residue ("red mud") (pH moderated to less than 11.5)
16 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII-SEC. 3(ii)]
B2120 Waste acidic or basic solutions with a pH greater than 2 and less than 11.5,
which are not corrosive or otherwise hazardous (note the related entry on list
A A4090)
B3 Wastes containing principally organic constituents, which may contain
metals and inorganic materials
B3010 Solid plastic waste
The following plastic or mixed plastic waste, provided they are not mixed
with other wastes anQ are prepared t6 a specification:
- Scrap plastic of non-halogenated polymers and copolymers, including but
not limited to the following:
Ethylene
Styrene
Polypropylene
polyethylene terephthalate
Acrylonitrile
Butadiene
Polyacetals
Polyamides
polybutylene tere-phthalate
Polycarbonates
Polyethers
polyphenylene sulphides
acrylic polymers
alkanes C1O-C13 (plasticiser)
polyurethane (not containing CFC's)
Polysiloxanes
polymethyl methacrylate
.__._._---_ .. - --- .p°!y~Agy!.~}~Q~9.L..___.. _._ ~..__ .. -_. - -" .. - - ... . - .- .~ ...
polyvinyl butyral
Poly.vinyl acetate
- Cured waste resins or ~ondensation products including the following:
urea formaldehyde resins --1
phenol formaldehyde resins
melamine formaldehvde resins
epoxy resins
alkyd resins
polyarnides
- The following fluorinated polymer wastes (excluding post-consumer
wastes):
Perfluoroethylene/ propylene
.Perfluoroalkoxy alkane
I Metafluoroalkoxy alkane
['lWT I1-"@JS 3(ii)] 17
polyvinylfluoride
polyvinylidenefluoride
B3130 Waste polymer ethers and waste non-hazardous monomer ethers incapable of
forming peroxides
B3140 Waste pneumatic tyres~ excluding those which do not lead to resource
recovery, recycling, reclamation or direct reuse ,
B4 Wastes which may contain either inorganic or organic constituents
B4010 Wastes consisting mainly of water-based/latex paints, inks and hardened
varnishes not containing organic solvents, heavy metals or biocides to an
extent to render them hazardous (note the related entry. on list A A4070)
B4020 Wastes from production, formulation and use of resins, latex, plasticizers,
glues/adhesives, not listed on list A, free of solvents and other contaminants .
to an extent that they do not exhibit Part C of Schedule 3 characteristics
B4030 Used single-use cameras, with batteries not included on list A.";
6. In the said rules, in Schedule III, after Part C , the following Part shall
be inserted, namely.-
"PART D
Part D: list of Metal scrap, paper waste and other wastes applicable for
import! export.
I
p
Vanadium scrap **
Basel No. Description of wastes
BI Metal and metal- bearing wastes
BlOIO Metal and metal-alloy wastes in metallic, non dispersible form:
- Precious metals (gold, silver, platinum) **
-Iron and steel scrap **
-Nickel scrap **
I -Aluminium scrap **
- Zinc scrap * *
-Tin scrap * *
-Tungsten scrap **
-Molybdenum scrap **
- Tantaium scrap * *
- Cobalt scrap **
I - Bismuth scrap **
- Titanium scrap **
I I
- Zirconium scrap **
- Manganese scrap **
- Gennanium scra **
18 THE GAZETTE OF INOlA: EXTRAORDINARY [PARI 11- -SEt'. 3(ii)1
BI040
BI050
BIIOO
B1230
B3020
- Hafnium scrap. **
- Indi urn scrap * *
- Niobium sera * *
Rhenium sera **
- Gallium sera **
- Magnesium scrap **
- Co er scrap **
- Chromium sera **
Scrap assemblies from electrical power generation not
contaminated with lubricating oil, PCB or PCT to an extent to
render them hazardous * *
Mixed non-ferrous metal, heavy fraction scrap, not containing
any of the constituents mentioned in Schedule II to the extent of
concentration limits s ecified therein * *
Metal bearing wastes arising from melting, smelting and refining
of metals exce 1:
- Hard Zinc S elter **
- Zinc containing drosses **
- Galvanizing slab zinc top dross (>90% Zn)
- Galvanzing slab zinc bottom dross (>92% Zn)
- Zinc die casting dross (>85% Zn)
- Hot dip galvanizers slab zinc dross (batch) (>92% Zn)
- Zinc skimmin s >900/0Zn
- Slags from precious metals processing for further refining
**
- Aluminium skimming's or skims excludin salt sla **
Mill scalin arising from manufacture of iron and steel * *
Paper, paperboard and paper product wastes * * .
The following materials, provided they are not mixed with
hazardous wastes:
Waste and scrap of paper or paperboard of:
• Unbleached paper or paperboard or of corrugated paper or
paperboard
• Other paper or paperboard, made mainly of bleached
chemical pulp, not coloured in the mass
• Paper or paperboard made mainly of mechanical pulp (for
example, newspapers, journals and similar printed matter)
• Other, including but not limited to 1) laminated
a erboard 2 unsorted sera
I
['lT1TII-~ 3(ii)] 19
This list is based on Annex. IX of the Basel Convention on Transboundary
Movement of Hazardous Wastes and comprises of wastes not characterized as
hazardous under Article -I of the Basel Convention.;
7. In the said rules, after Form 15, the following Form shall be inserted,
namely.-
"Form 16
FORM FOR REGISTRATION OF TRADERS FOR SCHEDULE III, PART (D).
[To be submitted by trader to the State Pollution Control Boards/Pollution
Control Committees]
1 Name and Address of the Trader with Telephone and Fax Numbers (With
roof).
2 TIN/V AT Number/1m ort E ort Code
3 Description of the waste to be imported
4 Details of stora e ,if any
Signature of the authorized person.".
Place .
Date .
[F. No. 23-27/2006-HSMDj
RAJIY GAU8A, J1. Sccy.
Note.- The principal rules were published in the Gazette of India,
Extraordinary vide notification number, S.O. 2265 (E), dated the 24th
September, 2008, subsequently amended vide number S.O. 1799 (E),
dated the .21st July, 2009 and S.O.2447 (E), dated the 23rd September,
2009. \
Printed by the Manager, Governmcnt of India Press. Ring Road. Mayapuri. New Dclhi-II0064 and Published by thc Controller of Public~.tions, Delhi-II ,0054.

Note on Environmental and Forestry Clearances

The environmental and forestry clearances given by the Ministry of Environment &
Forests are based on the Environment Protection Act, 1986, the Forest Conservation
Act, 1980 and the Wildlife Protection Act, 1972. The MOE&F is fully committed to
ensuring that these laws are implemented fully in letter and in spirit.

Even so, since May 29th 2009, there has been a determined effort to bring
transparency and professionalism in the granting of environmental and forestry
clearances. The status of all pending cases is now available with relevant details on
the MOE&F website. Environmental appraisal committees have been reconstituted
to ensure that there is no conflict of interest. Regular monitoring of pending cases in crucial sectors is taking place with the ministries concerned. This is already having impact.

• It was at the MOE&F’s suggestion that the Cabinet agreed to approve national highway projects to facilitate detailed project preparation but on the clear
condition that no on-site expenditure will be allowed to take place until all
environmental and forestry clearances are obtained.
• 14 strategic defence roads have been given final forest approval, another 11 have
been given first-stage approval and a further 10 have been cleared by the
Standing Committee of the National Board for Wildlife.
• Nine major coalfields have been taken up for identification of prima facie “go/no go” areas for coal mining from the point of view of forestry clearances.1
The results of this preliminary analysis, done for the first time, have been submitted to the PM. Coal mining projects will get environmental approval based on the ultimate production capacity thereby obviating the need for repeated clearances when expansion takes place.
• A system of mandatory accreditation of EIA/EMP consultants has been introduced by the MoE&F to improve the quality of impact assessment reports submitted by project proponents.
There are certain points that need to be kept in mind while looking at the question of environmental and forestry clearances.
1. Environmental clearance is given to the project proponent while forestry
clearance is given to the state government in which the project is to come up
since it owns the forest land. This is why the two approvals cannot be combined
and given at the same time.
2. Forestry clearances are given by the Centre after the cases have been examined
by the state government concerned. More often than not, this examination
requires consultation and can take time, for perfectly justifiable reasons.
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1 The 9 coal fields are: North Karanpura (Jharkhand), IB Valley (Orissa, Chattisgarh), Singaurali (MP, UP), Talcher (Orissa), West Bokaro (Jharkhand), Wardha (Maharashtra), Mandraigarh (Chattisgarh), Hasdeo (Chhattisgarh), and Shoagpur (Chhattisgarh, MP)

3. The quality of the environmental impact assessments (EIAs) is often so mediocre (sometimes unintelligent cut-and paste jobs) that any responsible committee with integrity has no option but to ask for clarifications adding to the time taken.2

4. The very welcome intervention of the Supreme Court has made the forestry clearance process (and also that of wildlife clearance under the Wildlife Protection Act, 1972) very comprehensive and detailed. Had this not been the case, our valuable flora and fauna would have been even more endangered than it is today.
5. The project-by-project clearance approach has meant that certain fragile regions have already reached the limits of their carrying capacity thus now necessitating the need for circumspection and the need for landscapewide/basin-based approaches.3
6. With the very desirable growth of an active civil society movement on environmental issues, the entire approval process is always under intense public scrutiny. This has further necessitated that the MOE&F take a critical, objective and transparent approach to approvals.
7. Despite the challenges, the MOE&F is efficient in granting most environmental
and forestry clearances, with a large majority of cases being cleared within the
legally stipulated time available for approval. Most of the cases that take longer
time involve complex, often legal and regulatory issues, that are often outside
the jurisdiction of the MOE&F.

The primary role of the MOE&F is to strengthen the foundations of ecological security in our country. High economic growth can be inclusive only if environment and development go hand-in-hand which will mean saying “yes” in some cases, “yes, but…” in some cases and a firm “no” in some others. This has been recently demonstrated by the recent actions of the MoE&F.
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2 Because of this, the MOE&F has not hesitated in reviewing some cases even after granting environmental clearance, in light of new information, that was not available earlier, regarding adverse environmental impact of these projects.
3 For example, a moratorium has been placed on environmental approvals to new mining
projects in Goa pending the finalization of the State Mining Policy; and a moratorium has been placed on environmental approvals to new port projects until a comprehensive cumulative environmental assessment is undertaken. Similarly, an expert panel has been constituted to demarcate eco-sensitive zones in the Western Ghats to ensure that new projects are regulated.

-a MoEF Release, New Delhi, March 31, 2010