NGT rebukes CPCB for neglecting hazardous waste framework

The National Green Tribunal (NGT) has issued a directive for the comprehensive execution of the 'Framework on Identification of Materials Generated from Industrial Processes as Wastes or By-Products,' which was initially promulgated by the Central Pollution Control Board (CPCB) in September 2019.

The plea prompting this action was filed by the Society for Protection of Environment and Biodiversity. The underlying objective of this framework is to prevent hazardous waste from escaping thorough scrutiny under the Hazardous and Other Waste Management Rules, 2016, by being erroneously labeled as a by-product. The NGT's order underscored the failure to efficiently implement the framework, thus undermining its intended purpose.

"Currently, there is lack of implementation or rather non-implementation of the aforesaid Framework, which also includes the issue of import of material that is apprehended to be a hazardous waste but gets misclassified as a by-product such as Sulphuric acid produced by smelters. The above, if not checked immediately, is causing huge impact on the land and water environment of the country at large," the order said.

It further said that CPCB, despite being instrumental in bringing about the Framework and being aware of the ground level problems owing to the lack of said framework, has been extremely deficient in enforcing the same. "This laxity on the part of the regulatory authorities has led to a situation where hazardous wastes and by-products are not being appropriately identified and being handled in accordance with the Framework Guidelines," the order said.

The framework in question is aimed at resolving the challenge of discerning between hazardous waste and by-products generated during industrial processes. It furnishes guidelines for differentiating materials that should be categorized as waste from those that can be classified as by-products. Additionally, the guidelines elucidate the factors that state pollution control boards should consider while accepting materials as by-products and stipulate conditions governing their handling and final utilization.

The applicant asserted that both the CPCB and the majority of state pollution control boards have inadequately monitored compliance with this framework. This oversight in implementation has resulted in the improper management of hazardous waste and by-products, thereby engendering detrimental environmental consequences, as stated in the plea.

The order underscores the significance of correctly identifying and managing inadvertently produced materials to mitigate environmental harm. The NGT has instructed the Ministry of Environment, Forest and Climate Change to collaborate with the CPCB and state pollution control boards to ensure the effective application of the framework.

Furthermore, the Ministry is entrusted with evaluating whether the framework can be seamlessly incorporated into the Hazardous and Other Waste Management Rules, 2016. The tribunal has stipulated a three-month timeframe for completing these actions and submitting a report on the steps taken.