Capacity Development Program in Environment Management (CDEM) Module 1: Environment Policy and Regulations 26 th September to 30 th September 2016 K.J.Somaiya College, Mumbai

CDEM: Module 1: Environment Policy and Regulations, September 2016 Pranay Krishnan Environmental Specialist at EMC LLP Key Work Areas: Environmental and Social (E&S) Due Diligence, E&S Impact Assessment, Environmental Health and Safety, Water and Wastewater.

E-Waste (Management) Rules, First published in 2011 and revision in 2016 (March) Applicable from 1 st October 2016 Regulation applies to every manufacturer, producer, consumer, bulk consumer, collection centre, dealer, e-retailer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, collection, storage and processing of e-waste or electrical and electronic equipment. 3

E-Waste (Management) Rules, USA I – 2003 C – 2010 USA I – 2003 C – 2010 Sweden I – 2005 Sweden I – 2005 Ethiopia NA Ethiopia NA India I – 2011 C – 2016 India I – 2011 C – 2016 Japan I – 1998 C – 2012 Japan I – 1998 C – 2012 China I – 2000 C – 2011 China I – 2000 C – 2011 Tanzania NA Tanzania NA Uganda I – 2009 C Uganda I – 2009 C Switzerland I – 1998 C – 2003 Switzerland I – 1998 C – 2003 Germany I – 1994 C – 2012 Germany I – 1994 C – 2012 Legend I – Year of Inception C – Current legislation

E-Waste (Management) Rules, Recycler Refurbisher Target 5 Key Terms Bulk consumer – Turnover of 1 Cr or more than 20 employees Collection centre Deposit refund scheme Dismantler End-of-life and Disposal Extended Producer Responsibility (EPR) Producer Responsibility Organisation (PRO)

E-Waste (Management) Rules, MANUFACTURER/ PRODUCER MANUFACTURER/ PRODUCER CONSUMER / BULK CONSUMER CONSUMER / BULK CONSUMER COLLECTION CENTRES REFURBISHER/ DISMANTLER / RECYCLER END of LIFE equipment e-waste retailer/dealer collection/transport storage & transport

E-Waste (Management) Rules, Chapters Chapter I – General includes applicability and definitions of the terminologies used in these rules. Chapter II – Responsibilities of stakeholders – manufacturer, producer, collection centres, dealers, refurbisher, consumer, dismantler, recycler. Chapter III – Procedures for seeking & grant of Authorization. Chapter IV – Procedure for Storage of e-waste. Chapter V – Reduction in use of Hazardous Substances (RoHS). Chapter VI – Miscellaneous includes Duties of Authorities, Annual Report, Transportation of e-waste, Accident reporting, liability and appeal. 7

E-Waste (Management) Rules, The E-waste (M) Rules, 2016 include 3 Schedules and 10 Forms prescribed for submission of information: Schedule I – Categories of electrical and electronic equipments Schedule II – RoHS exemptions Schedule III – Targets for EPR – Authorization Schedule IV – List of Authorities & their duties. 8

E-Waste (Management) Rules, Form 1 – Application to Procedure for EPR – Authorization Form 1(a) – Application for Authorization for generation, storage, treatment, disposal, Form 1(aa) – Format for EPR Authorization Form 1(bb) – Granting Authorization for Storage, Treatment, Refurbishment, Disposal Form 2 – Record maintenance Form 3 – Format for Annual Returns filing Form 4 – Authorization for processing (dismantling and recycling) e-waste Form 5 – Annual Report by SPCB to CPCB Form 6 – E-waste Manifest Form 7 – Application for filing Appeal against order passed. 9

E-Waste (Management) Rules, Responsibilities of manufacturer – Collect waste during manufacturing and recycle or dispose Seek authorization Maintain records; File returns Responsibilities of Producer– Collection and channelization EPR - Authorization Deposit Refund Scheme (DRS) Individual/Collective Producer Responsibility Pretreatment 10

E-Waste (Management) Rules, Collection of E-Waste Responsibility of Producer/Dismantler/Recycler/Refurbisher individually or collectively Storage of E-Waste Manufacturer, Producer, bulk consumer, collection centre, dealer, refurbisher, dismantler or recyclers can store the e-waste for a period of 180 days. 11

E-Waste (Management) Rules, Procedures to be followed for compliance? Authorization: Manufacturer, Producer, collection centres, dealers, refurbishers, dismantlers and recyclers require Authorization from the concerned State Pollution Control Board/ Committee under e-waste rules. Form 1 – Application for seeking Authorization Form 2 – Maintaining Records Form 3 – Filing Returns Registration as dismantlers /recyclers: Recyclers and dismantlers are required to obtain Registration from the concerned State Pollution Control Board/ Committee under e-waste rules. 12

E-Waste (Management) Rules,

E-Waste (Management) Rules, MAINTENANCE OF RECORDS (Form 2) COLLECTION CENTRES DEALERS REFURBISHERS DISMANTLERS/ECYLERS CONSUMERS

E-Waste (Management) Rules, FILING OF RETURNS (Form 3) REFURBISHER

E-Waste (Management) Rules, Extended Producers Responsibility (EPR) EPR means responsibility of any producer of electrical or electronic equipments, for their products beyond the place of manufacture to other phases of its life cycle, in particular, the collection and ‘end of life management’ of such products in an environmentally sound manner. Individual and Collective RoHS (Reduction in use of Hazardous Substances) Every producer of electrical and electronic equipments components and consumables to ensure that new products does not contain Lead, Mercury, Hexavalent Chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE). 0.1% and 0.01% for Cadmium Imports or placement in market shall be allowed only for RoHS compliant products 16

Bio-Medical Waste Management Rules, 2016 First published in Revisions in 2011 and 2016 (March) Focus is on Collection, Segregation, Transport, Processing, Treatment and Disposal in Environmentally sound manner. Applies to Hospitals, Nursing homes, Animal houses, Research or educational institutions, Health camps, Forensic Labs, etc. 17 Let the waste of the “sick” not contaminate the lives of “The Healthy”

Bio-Medical Waste Management Rules, 2016 Bio-medical waste: Any waste which is generated during the diagnosis, treatment, or immunization of human beings or animals or research activities or in the production or testing of biologicals or in health camps. Prescribed authority: State Pollution Control Board/Committee Bio-medical waste treatment and disposal facility (CBMWTF) Occupier Operator of a CBMWTF 18

Bio-Medical Waste Management Rules, 2016 Duties of Occupier Ensure that bio-medical waste is handled without any adverse effect to human health and environment Shall be segregated at the point of generation as per the colour codes in Schedule I. Bio-medical waste shall not be mixed with any other waste Segregation, packaging, transport and storage in accordance with Schedule I and in compliance with standards in Schedule II 19

Bio-Medical Waste Management Rules, 2016 Duties of Operator of CBMWTF Timely collection from occupier, treatment and disposal Schedule I and in compliance with standards in Schedule II Establish Bar coding and Global positioning system Maintain a log book and all records for at least 5 years Provide training and ensure safety of all workers handling waste Display details of authorisation, treatment, annual report etc on its web-site 20

Bio-Medical Waste Management Rules, 2016 Authorisation Given by State Pollution Control Board/Committee Applications for seeking authorisation to be disposed within 90 days Power to refuse or renew and cancel or suspend One time for non-bedded and periodic renewal for bedded establishments Publish the list of Registered or Authorised (or give consent) Recyclers. 21

Bio-Medical Waste Management Rules, 2016 Prescribed Authorities MoEFCC – Policies, financial assistance for setting up of CBMWTF, Research and Manual for training. Central/State Health Ministry – Publish list of registered facilities, Training programmes CPCB – Prepare guidelines, Technology standards, Inspection and monitoring. Municipality/Local bodies – Allocate land for setting up of CBMWTF 22

Bio-Medical Waste Management Rules,

Bio-Medical Waste Management Rules, 2016 Records Accident Reporting – Form I Authorisation – Form II and III Annual reports (Returns) – Form-IV, on or before the 30th June of every year. Maintenance of records related to generation, collection, reception, storage, transportation, treatment, disposal or any other from of handling of bio-medical waste – Log books and records 24

Bio-Medical Waste Management Rules, Waste categoryColour codeTreatment Human anatomical waste, Animal waste, Soiled Waste YellowInc./ Plasma Pyrolysis/ burial Discarded Medicines, Cytotoxic drugsYellowInc./Send back to manufacturer Microbiology & biotechnology wasteYellowInc. (after lab pre treatment) Chemical wasteYellowInc./Plasma Pyrolysis/ HSDF Chemical Liquid wasteYellowResource Recovery; Pretreatment; discharge Discarded/contaminated linen, mattresses etc. YellowNon-chlor. Chemical disinfection; inc./ Plasma Pyrolysis

Bio-Medical Waste Management Rules, Waste categoryColour codeTreatment Contaminated/Recyclable WasteRedAutoclave/ hydroclaving/ microwaving; shredding; recycling Waste SharpsWhite/ translucent (puncture proof) Autoclave/Shredding; landfill Glassware (expect Cytotoxic contaminated), Metallic Body Implants Blue Cardboard boxesDisinfection/autoclave/ hydroclaving/ microwaving; recycling

Bio-Medical Waste Management Rules, Colour CodingType of container YellowNon chlorinated plastic bag, Autoclave safe plastic bags or containers RedNon chlorinated plastic bags or containers BlueCardboard boxes with blue colored marking White(Translucent)Puncture proof, Leak proof, tamper proof containers

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 First rules published in Revisions in 2008 and 2016 Applies to all generators, occupiers, actual users, operators who carry out the activities of generation, handling, collection, reception, treatment, transport, storage, reuse, recycling, recovery, pre- processing, utilisation, including co-processing and disposal of hazardous wastes Hazardous waste means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances 28

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Key terms Occupier and Actual user Basel Convention Captive and Common treatment, storage and disposal facility Operator of disposal facility Disposal Pre-processing and Co-processing 29

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Manifest Other wastes Recycling, Reuse, Recovery Transboundary movement Environmentally sound technologies 30

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Chapters 1 – PRELIMINARY 2 - PROCEDURE FOR MANAGEMENT OF HAZARDOUS AND OTHER WASTES 3 - IMPORT AND EXPORT OF HAZARDOUS AND OTHER WASTES 4 - TREATMENT, STORAGE AND DISPOSAL FACILITY FOR HAZARDOUS AND OTHER WASTES 5 - PACKAGING, LABELLING, AND TRANSPORT OF HAZARDOUS AND OTHER WASTES. 6 – MISCELLANIOUS 31

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Schedules 1 – List of processes generating hazardous wastes 2 - List of waste constituents with concentration limits 3 - List of hazardous wastes applicable for import and export with and without Prior Informed Consent (PIC) and based on hazardous characteristics 4 - List of commonly recyclable hazardous wastes 5 - Specifications of Used Oil Suitable for recycling and specifications of fuel from oil 6 – Hazardous and Other waste prohibited for Import 7 - List of authorities and corresponding duties 8 - List of documents for verification by Customs for import of other wastes 32

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Forms 1 – Application required for grant/renewal of authorisation 2 – Grant or Renewal of Authorisation 3 – Maintaining records of Hazardous and Other waste 4 – Filing of Annual returns 5 – Application for Import and Export of Hazardous and Other waste 6 – Transboundary movement – movement document 8 – Labeling of containers of Hazardous and other waste 9 – Transport Emergency Card (TREM) 10 – Manifest for Hazardous and other waste 11 – Format for reporting accident 33

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Responsibilities of Occupier prevention; minimization; reuse, recycling; recovery, utilisation including co-processing; safe disposal. Waste to be sold/sent to authorised actual user or shall be disposed of in an authorised disposal facility. Maintain records Storage not more 90 days; Actual users and disposal facility operators up to 180 days Treatment, Storage and Disposal Facility State Government, occupier, operator jointly responsible for identification of sites Operator of TSDF or occupier of captive facility shall design as per technical guidelines of CPCB SPCB shall monitor the operation Operator shall maintain records and file returns 34

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Authorisation Given along with Consent to Establish, Consent to Operate under Water Act, 1974 and the Air Act, Application through Form 1 and Authorisation through Form 2 Time take for SPCB to provide authorisation – 120 days and validity is for 5 years Import and Export Import for disposal not permitted Permitted for recycling, recovery, reuse and utilisation including co-processing Procedure Authorisation from MoEFCC – Schedule III (A & B) Inform Customs, Ports Authority, 35

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Packaging and Labeling Vehicles should follow rules of Motor Vehicles Act and CPCB guidlines Should be labeled with symbols and TREM Card to be provided Responsibility of safe transport shall be either of the sender or the receiver whosoever arranges the transport and has authorisation from SPCB 36

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Manifest system 37

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 Responsibilities of Authorities MoEFCC – Identification of hazardous and other wastes, Permission export, import and transit waste. CPCB – Training of authorities, Co-ordination with SPCB, Recommend standards, Review annual report of Hazardous and other waste, Prepare guidelines, SOP’s and Manual. SPCB – Grant and Renewal of authorization, Monitoring of compliance, Examining applications for import and forwarding to MoEFCC Directorate general of Foreign Trade and Port’s authority 38

Module Coordinator: Dr.Prasad Modak, Ekonnect Knowledge Foundation Address: 504/505, 5th Floor, Balarama Building, Bandra Kurla Complex, Near MMRDA Office Bandra (East) Mumbai – Tel : /5946 Website: Facebook: Ekonnect Knowledge Foundation is a not for profit company offering education and awareness on Environment, CSR & Sustainability. CDEM is a program conceived and organized by K.J.Somaiya in partnership with and support of MMR-EIS. This module 1 is part of the 5 module diploma certificate offered under this program.