Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2021

On November 12, 2021, Ministry of Environment, Forest and Climate Change (MoEFCC) has issued Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2021 to further amend the Hazardous and Other Wastes (Management and Trans boundary Movement) Rules, 2016.

Key amendments:

• Rule 9(1) which specifies the “utilization of hazardous waste has been substituted namely:-

 “The utilisation of hazardous waste as a resource or after pre-processing either for co-processing or for any other use, including within the premises of the generator (if it is not part of process), shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of wastes on the basis of standard operating procedures or guidelines issued by the Central Pollution Control Board from time to time.”

• Rule 9(2) which specifies the “circumstances when standard operating procedures are not available” has been substituted namely: –

“Where standard operating procedures are not available for specific utilisation of hazardous waste, the approval has to be sought from the Central Pollution Control Board which shall be granting approval on the basis of trial runs and thereafter, standard operating procedures shall be prepared by the Central Pollution Control Board.”

• Rule 13(2)(c) which specifies “the application process for importer who is a trader” has been substituted namely:-

 “Importer who is a trader, importing waste on behalf of actual users or for use of the actual users authorised by State Pollution Control Board, shall apply in Form 7 for onetime authorisation and obtain one-time authorisation in Form 7A and copy of such authorisation shall be appended to Form 6.”