How to obtain MoEF Clearance for glass scrap import in India?

Obtaining clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC) of India for the import of glass scrap involves several steps and compliance with various regulations and procedures. The MoEFCC plays a crucial role in regulating the import of waste materials, including glass scrap, in ensuring environmental sustainability and compliance with India's environmental laws. In this blog, we will elaborate the steps to obtain MoEFCC clearance for importing glass scrap into India.

1. Understand the Regulatory Framework:

Before initiating the clearance process, it is essential to familiarise yourself with India's regulatory framework for importing waste materials, including glass scrap. The key regulations and guidelines include:

• Hazardous & Other Wastes (Management & Transboundary Movement) (HOWM) Rules, 2016
• Basel Convention (BC) on the Control of Transboundary Movements of Hazardous Wastes (HWs) and their Disposal

2. Identify the Type of Glass Scrap:

Different types of glass scrap may be subject to varying regulations and clearance processes. It is essential to classify the glass scrap accurately to determine the applicable rules and procedures.

• Clear glass
• Colored glass
• Tempered glass
• Laminated glass
• Other speciality glass types

3. Obtain Importer-Exporter Code (IEC):

To engage in the import of glass scrap, you are mandated to obtain an Importer-Exporter Code (IEC) from the DGFT or Directorate General of Foreign Trade in India. The IEC is a mandatory requirement for any international trade transactions.

4. Registration with the Central Pollution Control Board (CPCB):

The Central Pollution Control Board (CPCB) oversees the management of hazardous waste in India. Hazardous waste importers , including certain types of glass scrap, must register with the CPCB. To register, you need to provide information about your company, waste management practices, and a list of waste materials you intend to import.

5. Check for Prior Informed Consent (PIC):

Some types of waste, including hazardous waste, require prior informed consent (PIC) from the export country. Verify whether PIC is necessary for the specific glass scrap you intend to import. This consent is usually obtained from the exporting country's environmental authorities.

6. Environmental Impact Assessment (EIA) and Consent from the State Pollution Control Board (SPCB):

In some instances, especially if the glass scrap import volume is substantial or if there are potential environmental concerns, an Environmental Impact Assessment (EIA) may be required. The EIA is conducted to assess the environmental impact of the proposed import.

Additionally, you may need to obtain consent from the State Pollution Control Board (SPCB) where your facility is located. This consent is required to operate a facility for processing or recycling imported glass scrap.

7. Apply for MoEFCC Clearance:

Once you have completed the necessary registrations and assessments, you can apply for clearance from the MoEFCC. Here are the steps involved in the application process:

a. Prepare a Detailed Project Report (DPR):

Create a comprehensive DPR that outlines the entire import process, including the type and quantity of glass scrap, transportation, storage, recycling, or disposal methods, and environmental safeguards.

b. Submit Application

Submit your application for MoEFCC clearance along with the DPR and other required documents. The application should be sent to the Hazardous Substances Management Division of the MoEFCC.

c. Pay Application Fee

Pay the requisite application fee as specified by the MoEFCC.

d. Scrutiny and Verification

MoEFCC officials will scrutinise your application, including the EIA report (if applicable), and may conduct site inspections to assess your facility's readiness and compliance with environmental regulations.

e. Issuance of Clearance

If your application is approved, the MoEFCC will issue the necessary clearance, which specifies the conditions and safeguards that must be adhered to during the import and handling of glass scrap.

8. Comply with Conditions and Safeguards:

Once you receive MoEFCC clearance, it is imperative to comply with all the conditions and safeguards specified in the clearance letter. This may include waste management practices, environmental monitoring, and reporting requirements.

9. Monitor and Report Environmental Compliance:

Continuous monitoring of your import and waste management activities is crucial. You must keep records and report regularly to the CPCB and SPCB on the quantity and quality of glass scrap imported and how it is managed.

10. Renewal and Compliance Maintenance:

MoEFCC clearance is typically valid for a specified period. Ensure that you renew your clearance in a timely manner and continue to meet all compliance requirements throughout the import process.

11. Penalties for Non-Compliance:

Failure to comply with the conditions and safeguards specified in the MoEFCC clearance can attract fines, penalties, or even the revocation of your clearance. It is essential to take environmental compliance seriously.

12. Engage Legal and Environmental Experts:

Navigating the regulatory landscape for waste importation can be complex. It is advisable to engage legal and environmental experts who specialise in waste management and environmental law to assist you throughout the clearance process.

13. Stay Updated on Regulatory Changes:

Environmental regulations are subject to change. Stay updated on any amendments or revisions to the rules and regulations governing waste importation to ensure ongoing compliance.

Conclusion:

Obtaining MoEFCC clearance for the import of glass scrap in India is a comprehensive process that involves compliance with various environmental regulations and safeguards. It is essential to approach the clearance process meticulously, adhere to all requirements, and prioritise environmental sustainability throughout the import and waste management activities. Engaging with relevant authorities, seeking legal and environmental expertise, and staying updated on regulatory changes are key to successfully obtaining and maintaining MoEF&CC clearance for glass scrap imports in India.