I. Bio medical waste rules .
What is Bio-Medical Waste?
·
Biomedical waste comprises
human & animal anatomical waste, treatment apparatus like needles,
syringes, and other materials used in health care facilities in the process of
treatment and research.
·
This waste is generated during
diagnosis, treatment, or immunization in hospitals, nursing homes, pathological
laboratories, blood banks, etc.
Latest Context related to Bio-Medical Waste
As per the figures from the Central Pollution Control Board (CPCB), approximately 146 Tons per day of incremental BMW is generated in the country due to diagnostic activities, treatment and quarantine of COVID-19 patients, approximately 616 Tons per day of Bio-Medical Waste (BMW) was generated in the country during 2019.
The National Green Tribunal (NGT) has directed various authorities to ensure compliance from the biomedical waste management facilities in the country.
Bio-Medical Waste Disposal – Importance
- Scientific disposal of
biomedical waste through segregation, collection, and treatment in an
environmentally sound manner minimizes the adverse impact on health workers and
the environment.
- The quantum of waste generated
in India is estimated to be 1-2 kg per bed per day in a hospital.
- 85% of the hospital waste is
non-hazardous, 15% is infectious/hazardous.
- Mixing of hazardous results in
contamination and makes the entire waste hazardous.
- There is a necessity to
segregate and treat because
- Improper disposal increases the
risk of infection.
- Encourages recycling of
prohibited disposables and disposed drugs and
- Develops resistant
microorganisms
Bio-Medical Waste (BMW) Management Rules, 2016 – Salient Features
1. 1. Bio-medical waste has been
classified into 4 categories instead of 10 to improve the segregation of waste
at source.
2.
Phase-out the use of
chlorinated plastic bags, gloves, and blood bags within two years.
3.
The ambit of the rules has been
expanded to include vaccination camps, blood donation camps, surgical camps, or
any other healthcare activity.
4.
Pre-treatment of the laboratory
waste, microbiological waste, blood samples, and blood bags through
disinfection or sterilization on-site in the manner as prescribed by WHO or
NACO.
5.
State Government to provide
land for setting up common bio-medical waste treatment and disposal facilities.
6.
No occupier shall establish an
on-site treatment and disposal facility if a service of `common bio-medical
waste treatment facility is available at a distance of seventy-five kilometer.
7.
The new rules prescribe more
stringent standards for an incinerator to reduce the emission of pollutants in
the environment;
8.
Inclusion of emissions limits
for Dioxin and furans;
9.
Establish a Bar-Code System for
bags or containers containing bio-medical waste for disposal.
10. Provide training to all its health care workers and immunize all
health workers regularly.
|
Red Bin |
Yellow Bin |
Blue
Bin |
Black Bin |
|
Plastic waste |
Infectious waste |
Glass bottles |
Needles Without Syringes |
|
Such as Syringes, Bottles. |
Bondage, cotton And placenta etc . |
Discarded Medicines. |
Metal articles . |
II. Hazardous waste rules.
The Hazardous Waste Management Rules (HWM
Rules) of 2016 gives the provisions to ensure the prevention, recycling and
safe disposal of hazardous waste in India. HWM rules have been updated from
time to time to lay down guidelines for handling, generation, processing,
treatment, package, storage, transportation, use reprocessing, collection,
conversion, destruction and disposal of hazardous waste. Hazardous waste is
defined as any form of waste, excluding domestic and radioactive wastes, which
because of its corrosive, reactive, ignitable, toxic and infectious
characteristics, causes or has the potential to cause harm to human health or
the environment. Waste is considered hazardous if it exhibits one or more of
the following characteristics.
- · Explosive (H1)
- · Flammable liquids (H3)
- · Flammable solids(H 4.1)
- · Substances or wastes liable to spontaneous combustion (H 4.2)
- · Wastes which emit flammable gases if coming in contact with water (H 4.3)
- · Oxidizing (H 5.1)
- · Organic Peroxides (H 5.2)
- ·
Poisons (H 6.1)
- ·
Infectious substances (H 6.2)
- ·
Corrosives (H 8)
- ·
Liberation of toxic gases when
coming in contact with air or water (H 10)
- ·
Toxic (H 11)
- ·
Eco-toxic (H 12) and
- ·
Capable of being Hazardous (H
14)
Hazardous Waste Management Rules in India
India produces approximately 74.6 lakh tonnes of hazardous waste annually, with around 44,000 industries. With rapid industrial development in India in the past decade, many pharmaceuticals, chemical, petrochemical, textiles, pesticides, paper, and fertiliser industries have emerged. While there are adequate laws to regulate the management of hazardous waste from such industries, there are cases when, due to a lack of proper treatment, storage and disposal facilities, these units discard their waste into the environment (mainly air and water) without proper treatment.
Development Hazardous Waste Management Rule in India
The forty-second amendment to the Indian Constitution directed the state to protect and improve the environment to safeguard public health, forests, and wildlife. Under Article 47 of the Constitution[1], states must protect the environment and take measures to control pollution under the DPSP. A brief evolution of the present form of Hazardous Waste Management Rules has been given below.
The Environment (Protection) Act of 1986 is
an umbrella legislation to protect and improve the environment and regulate the
management and handling of hazardous substances and chemicals in the country.
Major international conventions like the Basel Convention, the Rotterdam
Convention, the Stockholm Convention, SAICM and the Minamata Convention
contributed to the development of regulatory frameworks in the management and
disposal of hazardous waste in India in the initial years.
India brought in national legislation to
deal with hazardous wastes in the form of Hazardous Waste (Management &
Handling) Rules, 1989 under the Environment (Protection) Act, 1986. Important
amendments to the Hazardous Waste Management Rules, 1989 came in 2000, 2003 and
in 2008, The Hazardous Waste (Management, Handling and Transboundary Movement)
Rules, 2008, came into effect.
In 2016, the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, were notified by the MoEF&CC in supersession of the 2008 Rules. The 2016 rules applied to hazardous waste but also included other waste (listed in Part B and D of Schedule III), which was missing in the 2008 format. The 2016 rules do not cover specific waste like waste-water and exhaust gases, radioactive wastes, biomedical waste, etc., which are covered through separate legislations.
Read Also : Consent mechanism in Water and Air Act
Salient Features of HWM Rules, 2016
The Hazardous Waste Management Rules lay down the responsibilities of the hazardous waste generator (occupier) regarding pollution prevention and waste minimization through reuse, recycling and recovery. The Responsibilities of Hazardous Waste handlers and treatment facilities (operators) have also been defined. Salient features of the Hazardous Waste Management Rules 2016 are as follows.
·
Authorisation
Requirement for managing hazardous Waste:
Every occupier of the facility which is engaged in the generation, handling
(collection, storage, transportation) and processing (treatment, recycling,
disposal etc.) of the hazardous waste is
required to make to the State Pollution Control Board (SPCB) to obtain
authorisation for their activity.
·
Guidelines forTSDFs
and SPCBs: The rules make it mandatory for
TSDFs to store, transport, and dispose of hazardous waste as per the guidelines
issued by the CPCB and direct the respective SPCB to identify locations for the
construction of hazardous waste treatment facilities in their state. SPCBs are
now responsible for allocating lands for the construction of hazardous waste
and ensuring proper registration, skill development and monitoring to check the
generation and recycling of hazardous waste.
·
Hazardous Waste
Identification: The handbook on Hazardous
Waste Management Rules, 2016 released by CPCB specifies the criteria for the
identification of hazardous waste. It can be made through “Process Knowledge”,
where the information about raw material and process generating the waste is
analysed. An occupier (i.e. waste generator) can choose to rely on professional
expertise to determine whether the waste is hazardous or by sending the waste
to a certified laboratory for testing and analysis.
·
Storage and Labelling
Requirements: The facilities generating
hazardous and other wastes can store the waste for a certain period and
quantity with exceptions for which SPCB is the deciding authority. The facility
must also mark the hazardous waste containers with labels (as specified in Form
8 of the Rules) with fluorescent yellow colour background and ‘HAZARDOUS
WASTES’ and ‘HANDLE WITH CARE’ written
in red colour in Hindi, English and vernacular language.
·
Accumulation and
Storage Area: As per the Hazardous Waste
Management Rules, 2016, the occupier and operator must ensure certain safety
measures in the area where the hazardous waste is being stored. The access must
be locked and restricted from unauthorised entry. Spill Control, firefighting
and internal communication equipment must be regularly tested. Also, weekly
inspections must be conducted in such areas.
·
Transboundary movement
(Import and Export) of Hazardous Waste:
Though hazardous waste is banned from import in India for disposal, however, it
is allowed for recycling, reuse, recovery and co-processing purposes. The
Hazardous Waste Management Rules define the procedure for import and export
along with the responsibilities of the importer and exporter and also give a
list of Hazardous and Other wastes prohibited for import
·
Record Keeping: The waste generator and TSDF operator must maintain the records of
weekly inspection, transportation manifests, waste analysis tests, and training
conducted in their facilities.
·
Co-processing and
Energy Recovery: Use of hazardous wastes in
co- processing in industries like cement manufacturing and energy and material
recovery at the time of its disposal have also been focussed in the Hazardous
Waste Management Rules, 2016.
·
Hazardous
Characteristics: Part C of the Rules
defines the hazardous characteristics of the waste and categorises them into
codes like H1, H3 and so on to avoid any difficulty in their identification.
· Duties of Authorities: A list of every authority engaged in Hazardous waste management and their corresponding duties have been given in the HWM Rules, 2016.
Amendments to the HWM Rules, 2016
Subsequent amendments in 2017, 2018, 2019 and 2021to the Hazardous Waste Management Rules, 2016, were done. Some of the important changes brought through these amendments are as follow.
- ·
Solid plastic waste was
prohibited from being imported into the country, including in Special Economic
Zones (SEZ) and Export Oriented Units (EOU).
- ·
Exporters of silk waste were
given exemption from requiring permission from the MoEF&CC.
- ·
Electrical and electronic
components that are produced and exported from India, if found defective, were
allowed to be imported back within a year of export without obtaining
permission from MoEF&CC
- ·
Exemption from requiring
authorisation under the Hazardous Waste Management Rules, 2016, provided to
those industries that did not need consent under Air and Water Act. Such
industries, however, were required to hand over their waste to the actual
authorised users, waste collectors or disposal facilities.
