hazardous wastes (management, handling and transboundary movement) rules and the lead recycling...

Hazardous Wastes (Management, Handling and Transboundary Movement) Rules and the Lead Recycling Industry in India

PRESENTATION BY :

Dr R S Mahwar Environmental Adviser & Consultant

Former Additional Director, Central Pollution Control Board

(Ministry of Environment, Forest and Climate Change), Delhi

Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 & the Amendments

Main notification: 24-9-2008

<http://www.cpcb.nic.in/divisionsofheadoffice/hwmd/mhtrules2008.pdf>

1st Amendment: 21-7-2009

<http://www.cpcb.nic.in/1st_Amendments_Rules.pdf>

2nd Amendment: 23-9-2009

< http://www.cpcb.nic.in/2nd_Amendments_Rules.pdf>

3rd Amendment: 30-3-2010

< http://www.cpcb.nic.in/3rd_Amendment_Rules.pdf >

Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 as Amended

Overall : There are a total of 7 Chapters , 26 Rules, 7 Schedules and 16 Forms

Chapter-I: PRELIMINARY

Rule 1: Short title and Commencement

Rule 2: Application

Rule 3: Definitions

Chapter-II: PROCEDURE FOR HANDLING HAZARDOUS WASTES

Rule 4: Responsibilities of the occupier for handling of hazardous wastes

Rule 5: Grant of authorization for handling hazardous wastes

Rule 6: Power to suspend or cancel an authorization

Rule 7: Storage of Hazardous Waste

CHAPTER-III: PROCEDURE FOR RECYCLING, REPROCESSING OR REUSE OF HAZARDOUS WASTES

Rule 8 : Procedure for grant of registration

Rule 9 : Conditions for sale or transfer of Hazardous Wastes for recycling

Rule 10: Standards for recycling

Rule 11: Utilization of hazardous wastes

Hazardous Wastes (Management, Handling and Transboundary Movement) Rules,

2008 as Amended (…Contd)

CHAPTER IV: IMPORT AND EXPORT OF HAZARDOUS WASTES

Rule 12: Import and export (transboundary movement) of hazardous wastes

Rule 13: Import and export of hazardous wastes

Rule 14: Import or export of Hazardous Waste for recycling, recovery and reuse

Rule 15: Procedure for export of Hazardous Wastes from India

Rule 16: Procedure for import of Hazardous Waste

Rule 17: Illegal Traffic

CHAPTER-V: TREATMENT, STORAGE AND DISPOSAL FACILITY FOR HAZARDOUS WASTES

Rule 18: Treatment, Storage and Disposal-Facility for hazardous wastes

CHAPTER-VI: PACKAGING, LABELLING, AND TRANSPORT OF HAZARDOUS WASTE

Rule 19: Packaging and labeling

Rule 20: Transportation of Hazardous waste

Rule 21: Manifest system (Movement Document to be used within the country only)

CHAPTER VII: MISCELLANIOUS

Rule 22: Records and returns

Rule 23: Responsibility of Authorities

Rule 24: Accident reporting and follow-up

Rule 25: Liability of occupier, transporter, operator of a facility and importer

Rule 26: Appeal


(Provisions Concerning Metallic Wastes)

Hazardous Waste (HW)- Rule 3(l)

Any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include-

(i) Waste specified under column (3) of Schedule-I,

(ii) Wastes having constituents specified in Schedule-II if their concentration is equal to or more than the limit indicated in the said Schedule, and


(Provisions Concerning Metallic Wastes..Contd)

Rule 3(l) …(Cond)

iii) Wastes specified in Part A or Part B of the Schedule-III in respect of import or export of such wastes in accordance with rules 12, 13 and 14 or the wastes other than those specified in Part A or Part B if they possess any of the hazardous characteristics specified in Part C of that Schedule.

Rule 3(ra) – inserted vide notification dated 30.3.2010

Other wastes specified in Part D of the Schedule-III shall not be hazardous wastes unless they possess any of the hazardous characteristics specified in Part C of the schedule in respect of the import of such waste in accordance with Rule 12, 13 & 14.

Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 & Amendments


Rule 8 – Procedure for grant of registration

Sub Rules (1) to (7) are for Recyclers or Re-processers Sub Rules( 8) to (12) added vide 3rd amendment of 30.3.2010 are for traders

Sub Rules (8)

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

Sub Rule(9)

The SPCBs/PCCs will register the trader on one time basis and registration would be considered as deemed if not objected to within 30 a period of 30 days.

Sub Rule (10)

Filing of the quarterly reports by the traders in respect of the imported materials and the requirement of cancellation granted of the registration under Sub Rule(9);

Sub Rule (11)-

Making of an appeal against any cancellation of the registration under sub Rule(10);

Sub Rule (12)

Processing and disposal of the appeal



Rule 16: Procedure for Import of HW is descried under Sub Rules (1) to (8)

Sub Rule (5) has been amended & the Sub Rule (6A) has been added vide notification of 21.7.2009

Sub Rule (5) As amended-

The Port and Customs authorities shall ensure that shipment is accompanied by the Movement Document in Form 9 and the test report of analysis of metal* scrap, paper waste and other waste consignment in question, from the laboratory accredited by the exporting country or the inspection and certifying agency the approved by DGFT.

*“Provided that the Port or Customs authorities shall in case of import of hazardous waste covered under Basel Numbers B1010, B1040, B1050, B1100,and B3020 as specified in part D of the Schedule-III ensure that the shipment is accompanied by the movement document in form 9 and the preshipment inspection certificate issued by the agency certified by the exporting country”

(*The underlined text indicates Amendment)



Sub Rule (6)

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

Sub Rule (6A)

Nothing contained in the sub rule(6) shall apply to the hazardous waste covered under Basel Number B1010,B1040, B1050, B1100, B1230, and B3020 as specified in Part D of the Schedule-III

Provided that the custom authorities may at any time if considers necessary make random inspection of the consignment prior to clearing the consignment.

Schedule IList of processes generating hazardous wastes*

There are 115 Types of Wastes generated from 36 Processes

Processes Generating Metal Containing Hazardous Wastes:

• Secondary production and/or industrial use of zinc.• Primary production of zinc/lead/copper and other non-ferrous metals except

aluminum.• Secondary production of copper.• Secondary production of lead.• Production and/or industrial use of cadmium and arsenic and their

compounds. • Production of primary and secondary aluminum. • Metal surface treatment, such as etching, staining, polishing, galvanizing,

cleaning, degreasing, plating, etc.• Production of iron and steel including other ferrous alloys (electric furnaces;

steel rolling and finishing mills, Coke oven and by product plant).• Hardening of steel.• Electronic Industry• Purification and treatment of exhaust air, water and waste water from the

processes in this schedule and common industrial effluent treatment plants (CETP’S)

• Hazardous waste treatment processes, e.g.; incineration, distillation, separation and concentration techniques.

Schedule I (…Contd)List of processes generating hazardous wastes*

* The inclusion of wastes contained in Schedule- I does not preclude the use of Schedule – II to demonstrate that the waste is not hazardous and in case of dispute, the matter would be referred to the Technical Review Committee constituted by Ministry of Environment & Forests, Govt. of India

The high volume low effect wastes such as fly ash, phosphogypsum, red mud, slag from pyro-metallurgical operations, mine tailings and ore beneficiation rejects are excluded from the category of hazardous wastes. Separate guidelines on the management of these wastes shall be issued by CPCB.

(Guidelines for Management, Handling, Utilization and Disposal of Phosphogypsum Generated from Phosphoric Acid Plants developed) <http://www.cpcb.nic.in/wast/hazardouswast/GuidelineforM,H,Utili&%20DisposalofPhosphogypsumfromPAPlants.pdf>

Schedule II : List of Waste Constituents with Concentration Limits

Schedule-II has five classes namely, Class A, B, C, D and E.

The classes A to class D are based on the type of the constituents present and their concentrations.

Concentration Limits (equal to or more than) :

• Class A: 50 mg/kg

• Class B: 5,000 mg/kg

• Class C: 20,000 mg/kg

• Class D: 50,000 mg/kg

The class E is for flammable, explosive, corrosive, toxic and carcinogenic wastes

Class A (Total 20; only the metallic Listed Here)- Conc. limit : 50 mg/kg

A1 Antimony and antimony compounds ; A2 Arsenic and arsenic compoundsA3 Beryllium and beryllium compounds; A4 Cadmium and cadmium compoundsA5 Chromium (VI) compounds; A6 Mercury and mercury compoundsA7 Selenium and selenium compounds; A8 Tellurium and tellurium compoundsA9 Thallium and thallium compounds;

Class B (Total 30 ; only the metallic Listed Here) Conc. limit: 5,000 mg/kg

B1 Chromium (III) compounds; B2 Cobalt compoundsB3 Copper compounds; B4 Lead and lead compoundsB5 Molybdenum compounds; B6 Nickel compoundsB7 Inorganic Tin compounds; B8 Vanadium compoundsB9 Tungsten compounds; B10 Silver compoundsB28 Ferro-silicate and alloys; B29 Manganese-silicate

Class C (Total 17, only metallic Listed Here) Concentration limit : 20,000 mg/kg

C3 Barium compounds except barium sulphate; C14 Zinc compounds

Class D (Total 9 ; only metallic Listed Here) Conc. limit: 50,000 mg/kg

D3 Metal hydrogen sulphates; D4 Oxides and hydroxides except those of hydrogen, carbon, silicon, iron, aluminum, titanium, manganese, magnesium, calcium

Waste Characteristics Based Classification (Schedule-II, contd..)

Waste constituents and their concentration limits given in this list are based on erstwhile BAGA (the Netherlands Environment Protection Agency) List of Hazardous Substances. In order to decide whether specific wastes listed above is hazardous or not, following points be taken into consideration:

• If a component of the waste appears in one of the five risk classes listed above (A, B, C, D or E) and the concentration of the component is equal to or more than the limit for the relevant risk class, the material is then classified as hazardous waste.

• If a chemical compound containing a hazardous constituent is present in the waste, the concentration limit does not apply to the compound, but only to the hazardous constituent itself.

• If multiple hazardous constituents from the same class are present in the waste, the concentrations are added together.

• If multiple hazardous constituents from different classes are present in the waste, the lowest concentration limit corresponding to the constituent(s) applies.

• For determining the concentration of the hazardous constituents in the waste the “Toxicity Characteristics Leaching Procedure (TCLP)” as per ASTM-D5233-92 should be adopted.

Schedule III- Part A: List of Hazardous Wastes Applicable for Import with Prior Informed Consent [Annexure VIII of the Basel

Convention*]

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

of Environment & Forests and DGFT license.

There are a total of 39 types of wastes in Part A.

Schedule III- Part A: List of Lead Wastes Applicable for Import with Prior Informed Consent (.. Contd.)

Lead Wastes listed in Part A

Basel Number Description of Hazardous Wastes

A1010Metal Wastes & Waste Consisting of alloys of any of the following: Antimony; Cadmium; Tellurium; Lead

A1020

Wastes having as constituents or contaminants, excluding metals wastes in massive form listed in B1020, any of the following:- Cadmium, cadmium compounds - Antimony, antimony compounds - Tellurium, tellurium compounds - Lead, lead compounds

A1160 Waste Lead acid batteries whole or crushed

Schedule- III PART B: List of Hazardous Wastes applicable for Import and Export not Requiring Prior Informed Consent

[Annex IX of the Basel Convention*]

* 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.

The Other Star/s(*..) appearing in the list means the following:

** Import permitted in the country by the actual users+ without any license or restriction or by importer registered with the State Pollution Control Board (SPCB) on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned SPCB on a quarterly basis++.

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

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

All other wastes listed in this Schedule-3 (Par-B) having no ‘Star/s’ (*...) can only be imported in to the country with the permission of MoEF.( + added vide amendment dated 21-7-2009; ++ added vide amendment dated 23.9.2009)

Schedule- III PART B :List of Lead Wastes applicable for Import and Export not Requiring Prior Informed Consent(..Contd)

Lead Wastes listed in Part B

Basel Number Description of Wastes

B1020

Clear, 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****

Schedule-III - PART C: List of Hazardous Characteristics

(The Lead Scarp/Lead Acid Batteries waste relates to the codes H 6.1 & H 11)

Code Characteristic

H 1 Explosive

H 3 Flammable Liquids

H 4.1 Flammable Solids

H 4.2. Substances or wastes liable to spontaneous combustion

H 4.3 Substances or wastes which, in contact with water emit flammable gases

H 5.1 Oxidizing

H 5.2 Organic Peroxides

H 6.1 Poisons (Acute)- Substances or wastes liable either to cause death or serious

injury or to harm health if swallowed or inhaled or by skin contact.

H 6.2 Infectious substances

H 8 Corrosives

H 10 Liberation of toxic gases in contact with air or water

H 11 Toxic (Delayed or chronic)- Substances or wastes which, if they are inhaled or

ingested or if they penetrate the skin, may involve delayed or chronic effects,

including carcinogenicity).

H 12 Ecotoxic

H 13 Capable by any means, after disposal, of yielding another material, e.g.,

Leachate, which possesses any of the characteristics listed above

Schedule-III Part D: List of Metal Scrap, Paper Waste and Other Wastes applicable for Import/Export

Part D was introduced vide notification dated 30.3.2010 to enable import by the traders.

All the wastes listed in Part D were listed in Part B before this notification.

The part D has only six types of wastes (Basel numbers,B1010,B1040, B1050, B1100, B1230, and B3020)

Part D does not include any Lead Waste

Schedule IV - List of Hazardous Wastes requiring Registration for Recycling/Reprocessing

This Schedule lists 20 types of wastes

Lead waste is Listed at Entry No 17 as-

Lead acid battery plates and other lead scrap /ashes /residues not covered under Batteries (Management and Handling) Rules, 2001.

Battery scrap, namely: Lead battery plates covered by ISRI, Code word “Rails” Battery lugs covered by ISRI, Code word “Rakes”. Scrap drained/dry while Intact, lead batteries covered by ISRI, Code word “Rains”.

Forms Concerning Import/Export of Hazardous Wastes

FORM 7:

APPLICATION FOR IMPORT OR EXPORT OF HAZARDOUS WASTE FOR REPROCESSING/RECYCLING/REUSE

FORM 8:

APPLICATION FOR TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTE

FORM 9:

TRANSBOUNDARY MOVEMENT - MOVEMENT DOCUMENT

(The form that was existing in the original notification of 24.9.2008 was substituted by the present one vide notification of 21-7.2009)

FORM 10:

FORMAT FOR MAINTAINING RECORDS OF HAZARDOUS WASTE IMPORTED AND EXPORTED

FORM 16:*

FOR REGISTRAION OF TRADERS FOR WASTES LISTED UNDER SCHEDULE- III, PART(D)

(*Added vide notification of 30.3.2010)

Minimum Facilities, Standards and Operating Procedures for Lead Recycling Units

MoEF’s OM Dated 24-11.2015 : Standard Operating Procedures (SOPs) with regard to recycling from Waste Pneumatic Tyres, used PET Bottle Scrap, Lead Scrap/Used lead Batteries and Recovery of TPO from Tyre scrap <http://www.cpcb.nic.in/SOPs_Recycling_waste.pdf>

Type of furnace installed (Rotary/ Mandir Bhatti)

• Rotary furnace with suction hood connected to APCS over the charging points

• Mandir Bhatti with suction hood connected to APCS over the charging point and molten metal tapping points

Furnace connected to expansion chamber, cooling tubes/ducts, Cyclone/Multi Cyclone, Bag filter with pulse jet/mechanical shaker arrangement, Alkaline Scrubber with arrangement of alkali dosing and connected with ETP, ID fan and stack of minimum 30 meter height.

Minimum Facilities, Standards and Operating Procedures Required for Lead Recycling Units (..contd)

Rain/Storm Water Management….Must but mostly missing.?

Raw material Storage- Separate covered storage space for raw material having impervious acid proof flooring and finished products.

ETP for treatment of wastewater ( Scrubber water, Battery Acid, run off from processing areas.

Port Holes- Each stack should have a port-hole with platform/ladder access.

Battery Breaking

• Facilities for manual dismantling ( permitted only for capacities up to 5000 MTA) should include suction hood, connected to the pollution control device, arrangement for washing of the plastic components before being sent for recycling and acidic water neutralization facility.

• Facilities required for mechanical/automatic breaking should include arrangements for noise control and dust and fume extraction system and acid collection/ neutralization facilities and ETP.

ETP Sludge/Residue Storage- Separate and secured covered space for storage of residue generated after recycling of lead bearing waste and the ETP Sludge. The floor of the storage area should be impervious.


Limits for Emissions/Discharge for Lead

• Lead in work area, NIOSH 8-hr avg (mg/ m 3) : 0.05

• Lead in emission through stack (mg/ Nm 3) * : 10.0

• Lead in effluents (mg/1) : 0.10

• Lead in factory premises near boundary wall 24-hr avg (pg/m3) : 1.0

• Workers Blood lead levels: As a practice, all lead related units should periodically examine their workers at least once in year for lead level in blood as well as urine. Persons with higher lead levels (greater than 42 micrograms /dl) should be shifted immediately to non-lead activity areas and given special medical treatment till the lead levels come back to acceptable level (10- micrograms /dl).

Control of Fugitive Lead Emissions

• The design of hood/fume collection system from the smelting/refining operations (from metal tapping point, charging doors, furnace joints etc.) should be capable of collecting lead emissions and transfer to the air pollution control system.

• Wait for charging until the smoke test confirms suction ???

Decontamination Station…..? ( Must but missing ….? )


Control of Fugitive Lead Emissions (..Contd)

• The storage and handling of all the raw materials, intermediates and products should be in covered area/shed having concrete floors and mechanized equipment should be used to handle these materials as far as possible.

• The floors in the loading area should be kept wet through sprinklers to reduce the chances of lead particles/dust getting airborne.

• Any water used for washing, rain water etc, should be collected through separate pits (to delink this from the regular drain) for removing metallic lead etc and the pit should have fine screens for passage of clear water.

• The movement of vehicles to the administrative/working/production areas should ensure that only the trucks/vehicles involved in the material handling/transportation reach the work areas, and their tyres are washed before they leave these areas.

Requirements for seeking permission for import of LeadScrap/Used Lead Acid Batteries for Recycling

Unit desirous of importing lead scrap/ used lead acid batteries should have valid registration from the concerned SPCB/PCC.

Valid Consents to Operate (CTO) under the Water & Air Acts and Authorization under the HW Rules

The analysis reports of stack emissions, waste waters, ambiant air, work zone environnent, Soil and ground water specially in respect of lead content;

The latest blood analysis report in respect of lead of workers engaged in the unit from accredited laboratories;

The application must specifically be only for fully drained used lead acid batteries. Import of un-drained batteries is not permitted;

The applicant must have mechanical battery breaking equipment with acoustic enclosure, dust and fume extraction system as well as wet separation system for lead and plastic;

Major Changes Proposed in the HW Rules ( Concerning Metallic Wastes)Draft Rules are available at –

http://www.moef.nic.in/sites/default/files/HWM%20Rules%202015-%20english%20version.pdf

Rule 13(3)

The import of hazardous and other wastes shall be limited to one-third of the total annual processing capacity of the unit.

Schedule –II

• The basis of Waste Classification has been changed from “Waste’s Constituents & their concentration in the waste itself” to “Waste’s Leachability and constituents concentrations in the Leachate” found through application of the TCLP test US EPA 1311”

• There are only three Classes Proposed in Schedule- II, namely Class A (List of 51 constituents A1 to A51 with lead Appearing at A9), and Class B ( List of 20 constituents B1 to B20) and Class C based on the waste’s Flammability, Corrosively etc as Class E of the Exiting Schedule-II

Part D (Import by Traders) of Schedule-III has been proposed to be removed.

The Import proposed is only by the Actual Users – Rule 15(2)

“Actual users for recycling or reprocessing may import into the country other wastes listed in Part B of Schedule III (having no asterisk/s ‘*’)……”

The Import of WEEE Wastes [Basel numbers A1180, and B1110 (items described in the existing Rules)], Solid Plastic waste ( B3010), Waste pneumatic tyre for direct reuse ( B3140) etc have been added to the banned list (Proposed Schedule –VI)

There is no change proposed in respect of the Lead Scarp/ used Lead Acid Batteries.

THANK YOU