The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules (HW Rules) which are currently in force were notified under the Environment Protection Act 1986 by the Ministry of Environment, Forest and Climate Change (MoEF) in September 2008. The HW Rules classify the wastes generated from the various industrial and other sources through Schedule- I and Schedule- II specified there-in. The Rules further categorize the wastes in terms of the permissibility & requirements for their import/export (Schedule-III), recycling (Schedule – IV) and prohibition from import/export (Schedule-VI). The Government has now further considered it necessary in the public interest to address the sustainable development concerns and amend the HW Rules 2008 to enable, (i) the recovery and/or reuse of useful materials from hazardous and other waste materials, (ii) reduction in the hazardous and other wastes destined for final disposal and (iii) ensuring of the environmentally sound management of all hazardous and other waste materials. The Draft of the proposed HW Rules was published by the Government on July 24, 2015 giving a period of sixty days for filing the objections or suggestions. The finalization and notification of these Rules is still awaited. The presentation covers a review of the present & the proposed HW Rules with special reference to the implications of the proposed amendments on the lead recycling industry in India.

1. 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

2. 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 >

3. 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

4. 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

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

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

7. Hazardous Wastes (Management, Handling and Transboundary
Movement) Rules, 2008 & Amendments
(Provisions Concerning Metallic Wastes..Contd)
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

8. Hazardous Wastes (Management, Handling and Transboundary
Movement) Rules, 2008 & Amendments
(Provisions Concerning Metallic Wastes..Contd)
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)

9. Hazardous Wastes (Management, Handling and Transboundary
Movement) Rules, 2008 & Amendments
(Provisions Concerning Metallic Wastes..Contd)
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.

10. Schedule I
List 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.

11. 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>

12. 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

13. Class A (Total 20; only the metallic Listed Here)- Conc. limit : 50 mg/kg
A1 Antimony and antimony compounds ; A2 Arsenic and arsenic compounds
A3 Beryllium and beryllium compounds; A4 Cadmium and cadmium compounds
A5 Chromium (VI) compounds; A6 Mercury and mercury compounds
A7 Selenium and selenium compounds; A8 Tellurium and tellurium compounds
A9 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 compounds
B3 Copper compounds; B4 Lead and lead compounds
B5 Molybdenum compounds; B6 Nickel compounds
B7 Inorganic Tin compounds; B8 Vanadium compounds
B9 Tungsten compounds; B10 Silver compounds
B28 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

14. 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.

15. 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.

16. 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
A1010
Metal 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

17. 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)

18. 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****

19. 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

20. 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

21. 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”.

22. 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)

23. 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.

24. 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.

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

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

27. Requirements for seeking permission for import of Lead
Scrap/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;

28. 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.

29. THANK YOU