The transboundary movement of hazardous waste in India is strictly regulated under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, notified by the Ministry of Environment, Forest and Climate Change under the Environment (Protection) Act, 1986. These rules, which supersede the earlier 2008 regulations and have been amended in 2023 and 2024, govern the import, export, and inter-state movement of hazardous and other wastes to ensure their environmentally sound management without causing adverse effects to human health or the environment. India is a signatory to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, an international treaty that establishes a framework for controlling hazardous waste movements across international borders. Understanding these regulations is crucial for any business or organization involved in importing waste materials for recycling, exporting hazardous waste, or transporting such waste across state boundaries within India.
Under the current rules, import of hazardous and other wastes into India is strictly prohibited for disposal purposes but is permitted only for recycling, recovery, reuse, and utilization including co-processing in authorized facilities. The wastes are categorized in Schedule III of the rules into different parts: Part A lists hazardous wastes requiring prior written permission from the Ministry of Environment, Forest and Climate Change along with prior informed consent from the exporting country; Part B includes other wastes also requiring ministry permission but without the need for exporting country consent; and Part D covers other wastes like metal scraps and certain recyclable materials that can be imported through registered traders with simpler procedures. Actual users intending to import hazardous waste must submit their application in Form 5 to the ministry, along with detailed information about the waste type, quantity, intended use, possession of appropriate treatment and disposal facilities, and prior informed consent from the exporting country where applicable. A copy of the application must simultaneously be sent to the concerned State Pollution Control Board, whose acknowledgment must be submitted to the ministry. The Central Pollution Control Board (CPCB) plays a crucial role in issuing guidelines and standard operating procedures for different categories of hazardous waste and maintains registries of authorized recyclers, traders, and utilization facilities.
For inter-state movement of hazardous waste within India, the sender must obtain necessary clearances depending on the purpose of transportation. When hazardous waste is being transported to another state for final disposal, a No Objection Certificate (NOC) must be obtained from the State Pollution Control Boards of both the originating state and the destination state before the waste can be transported. However, when the waste is being moved for recycling, utilization, or co-processing, the sender need only intimate both State Pollution Control Boards before handing over the waste for transportation, without requiring formal NOCs. All transportation must comply with packaging, labeling, and safety requirements specified in the rules and the Dangerous Goods (Classification, Packaging and Labelling) Rules, 2013. The occupier or waste generator must provide transporters with complete information about the hazardous nature of the waste and emergency response measures through prescribed forms, ensure proper labeling of containers, maintain detailed records and manifests for all waste movements, and hand over waste only to authorized collectors, transporters, or actual users who possess valid authorizations from State Pollution Control Boards. Recent amendments have introduced the concept of waste collectors who can collect hazardous waste on behalf of actual users or disposal facility operators, subject to CPCB guidelines.
Our consultancy firm specializes in obtaining approvals for transboundary movement of hazardous waste, whether for international import/export or inter-state transportation within India. We provide comprehensive support throughout the approval process, including classification and characterization of waste according to Schedule III, preparation of detailed applications and supporting documentation as per the guidelines of the Ministry of Environment, Forest and Climate Change, Central Pollution Control Board, and State Pollution Control Boards, obtaining prior informed consent from exporting countries where required, registration of importers and traders for Part D wastes, coordination with customs and port authorities for international movements, preparation of environmental management plans and safety protocols, and ensuring compliance with all packaging, labeling, and transportation requirements.
Our team stays updated with the latest amendments to the rules, including the 2023 amendment introducing Extended Producer Responsibility for used oil and the 2024 amendment expanding EPR obligations to non-ferrous metal scraps. We understand that navigating the complex regulatory framework involving multiple authorities at central and state levels can be challenging, particularly given the technical nature of waste classification, safety requirements, and environmental standards. By engaging our services, you ensure that your hazardous waste movements are legally compliant, properly documented, and executed with minimal delays, while avoiding the risk of penalties or legal action that may result from non-compliance with these stringent environmental regulations.
