EPA / PROCEDURES / Prohibition and restriction on the handling of hazardous substances

Prohibition and restriction on the handling of hazardous substances

The Central Government is empowered to make rules for taking measures to protect and improve the environment. It issues such notifications in the Official Gazette.

These rules can be about any of the following matters including the prohibition and restrictions on the handling of hazardous substances in different areas

Factors to consider while rules handling of Hazardous substances

The Central Government has to take into consideration the following factors while prohibiting or restricting the handling of hazardous substances in different areas.

The hazardous nature of the substance (either in qualitative or quantitative terms as far as may be) in terms of its damage-causing potential to the environment, human beings, other living creatures, plants and property;

The substances that may be or likely to be readily available as substitutes for the substances proposed to be prohibited or restricted;

The indigenous availability of the substitute, or the state of technology available in the country for developing a safe substitute

The gestation period that may be necessary for gradual introduction of a new substitute with a view to bringing about a total prohibition of the hazardous substance in question.

Any other factor as may be considered by the Central Government to be relevant to the protection of environment.

Procedure for restrictions related to the import and export of Hazardous substances

While prohibiting or restricting the handling of hazardous substances in an area including their imports and exports the Central Government has to follow certain procedures.

Providing notice
Whenever it appears to the Central Government that it is necessary to prohibit or restrict the handling of hazardous substances in an area, it may give notice of its intention to do so, by notification in the Official Gazette and in such other manner as the Central Government deems it necessary from time to time.

Details required in such a notice
Every notification under Rule 13.2.i of the EP Rules (above) has to give a brief description of the hazardous substances and the geographical region or the area to which such notification pertains, and also specify the reasons for the imposition of prohibition or restriction on the handling of such hazardous substances in that region or area.

Time period for objections
Any person interested in filing an objection against the imposition of prohibition or restrictions on the handling of hazardous substances as notified in Rule 13.2.i of the EP Rules (above) may do so in writing to the Central Government within sixty days from the date of publication of the notification in the Official Gazette.

Consideration of objections
The Central Government has to consider all the objections received against its notification (see above) within a period of ninety days from the date of publication of the notification in the Official Gazette and may impose prohibition or restrictions on the handling of hazardous substances in a region or an area.