Regulation of Persistent Organic Pollutants Rules, 2018

• Regulation of Persistent Organic Pollutants Rules, 2018
  • 1. Short title and commencement.
  • 2. Prohibition on manufacture, etc. of chemicals.
  • 3. Declaration by Occupier.
  • 4. Occupier not to drain or discharge chemicals.
  • 5. Disposal of waste.
  • 6. Use of chemicals for scientific purpose.

Regulation of Persistent Organic Pollutants Rules, 2018

Published vide Notification No. G.S.R. 207 (E), dated 5th March, 2018

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Ministry of Environment, Forest and Climate Change

G.S.R. 207 (E). – Whereas, the Stockholm Convention on Persistent Organic Pollutant (hereinafter referred to as the said Convention) came into force on the 17th May, 2004 and India ratified the said Convention on the 13th January, 2006;
And whereas, the said Convention can list chemicals in three annexes: Annex A- chemicals to be eliminated with specific exemptions; Annex B – chemicals to be restricted; and Annex C – minimisation of unintentional releases of listed chemicals;
And whereas, seven chemicals, namely, (i) Chlordecone, (ii) Hexabromobiphenyl, (iii) Hexabromodiphenyl ether and heptabromodiphenyl ether (commercial octa-BDE), (iv) Tetrabromodiphenyl ether and pentabromodiphenyl ether (commercial penta-BDE), (v) Pentachlorobenzene, (vi) Hexabromocyclododecane and (vii) Hexachlorobutadine, have been listed as Persistent Organic Pollutants (POPs) in the Annex `A’ of the Stockholm Convention;
And whereas, the Central Government had, in exercise of powers conferred under clause (d) of sub-section (2) of section 6 read with sub- section (1) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with subrule (2) of rule 13 of the Environment (Protection) Rules, 1986, published the draft rules in the Gazette of India, Extraordinary, vide number G.S.R 1120(E) dated, the 29th August, 2017 for information of all persons likely to be affected thereby; and notice was given that said draft rules will be taken into consideration by the Central Government on or after the expiry of a period of thirty days from the date on which copies of the Gazette containing the said rules are made available to the public;
And whereas, the copies of the Gazette containing the said notification were made available to the public on the 5th September, 2017;
And whereas, the suggestion or objections received in response to the above mentioned draft rules have been duly considered by the Central Government.
Now, therefore, in exercise of the powers conferred by section 3 and section 6 of the Environment (Protection) Act, 1986 (29 of 1986), read with rule 13 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the Regulation of Persistent Organic Pollutants Rules, 2018.
(2) Save as otherwise provided in these rules, they shall come into force one year after the date of their publication in the Official Gazette.
2. Prohibition on manufacture, etc. of chemicals. – The manufacture, trade, use, import and export of the following seven chemicals shall be prohibited, namely:-

(i) Chlordecone;

(ii) Hexabromobiphenyl;

(iii) Hexabromodiphenyl ether and heptabromodiphenyl ether (commercial octa-BDE);

(iv) Tetrabromodiphenyl ether and pentabromodiphenyl ether (commercial penta-BDE);

(v) Pentachlorobenzene;

(vi) Hexabromocyclododecane; and

(vii) Hexachlorobutadine.

3. Declaration by Occupier. – The Occupier shall declare, the total quantity of the chemicals mentioned in rule 2, which are in use and their stockpiles, as per Form-I annexed to these rules to the Ministry of Environment, Forest and Climate Change, Government of India, within a period of six months from the date of publication of these rules in the Official Gazette.
Explanation. – For the purposes of these rules, “Occupier” means a person who has control over the affairs of the industrial unit or the premises where the chemicals mentioned in rule 2 are handled, and the person in possession of the said chemicals.
4. Occupier not to drain or discharge chemicals. – The Occupier shall not drain or discharge or dispose the chemicals mentioned in rule 2 directly or indirectly in effluent treatment plant, sewage treatment plant, onto any land, in public sewers, in inland surface water or in marine coastal areas.
5. Disposal of waste. – The waste containing chemicals mentioned in rule 2 shall be disposed of as per the provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
6. Use of chemicals for scientific purpose. – Notwithstanding anything contained in these rules, the chemicals mentioned in rule 2 may be used, sold or imported in quantities as required for research and development activities in Central Universities, Council of Scientific and Industrial Research Laboratories, Government Institutions or other Research Institutions or accredited laboratories in the Government or private sector after the approval of the Ministry of Environment, Forest and Climate Change, Government of India.

Form-I

Declaration Form for Persistent Organic Pollutants (Pops)

(See rule 3)

[Application by an occupier as per rule 3 of the Regulation of Persistent Organic Pollutants Rules, 2018]

Date

From

________________________

________________________

________________________

To
Hazardous Substance Management Division,
Ministry of Environment, Forest and Climate Change,
Indira Paryavaran Bhawan,
Jal Wing, 2nd Floor, Jor Bagh Road,
New Delhi-110003
Sir,
I/We hereby disclose the information under the provisions of rule 3 of the Regulation of Persistent Organic Pollutants Rules, 2018 with respect to the total quantity of chemicals mentioned in rule 2 of the said rules, which are in use, not in use or in my/our possession and their stockpiles as an occupier(s).

Part-I

General

Part-II

Information on waste likely to contain chemicals listed in rule 2 of the aforesaid rules

Place:
Date :

Name and signature of applicant