Circularity & Recycling: Hazardous & Chemical Waste

Welcome to another Trash Talking Friday, the only trash talk that has been inducted into Modi's new cabinet!?

?Each week, I send you Ideas to ponder about. Ideas that have the potential to change your life, and hopefully help you become a better human being by understanding yourself.

This week, in the Trash Talking News Letter, I share with you a part of a policy document (recommendations) I recently wrote for the NITI Ayog as core committee member tasked to formulate a forward looking policy pertaining to circularity and recycling in regards to hazardous waste and chemicals.?

?Let‘s get into it!

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Circular economy today needs to be more than just a buzz word. Across the globe policy makers are putting in place a circular frame work through drafting documents & introducing legislation to deal with the production of hazardous materials & their toxic effects on our environment.?

Globally, many countries are in the process of or have already drafted policies and implemented legislation pertaining to toxic and hazardous chemicals. The EU has enforced REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) a comprehensive set of legal frame work addressing chemicals in use and requiring companies marketing chemicals to present a set of test data. The EU also has RoHS that restricts the use of certain hazardous chemicals in the manufacturing process of electronics and electrical equipment.?

The US has TSCA (Toxic Substance Control ACT) and like always California has its own legal frame work called Prop 69 which includes a list of 800 chemicals and requires companies to publish a list of chemicals that are known to cause cancer, birth defects and other reproductive problems.?

Here in India, along with hazardous waste management rules, in August 2020 the ministry of chemicals & fertilizers circulated the 5th?version of the draft chemical management and safety rules (CMS) to a handful of stakeholders. These draft rules are based on the EU REACH legislation and the existing Manufacture, Storage and Import of Hazardous Chemical Rules 1989 (focusing mostly on prevention and management of accidents). This new daft is progressively forward looking and lays optimum emphasis on data. “No Data, No Market”.?

India is also one of the major countries not to follow the UN‘s GHS (Global Harmonized System of Classification and Labelling of Chemicals) and these draft rules envision to that change that by incorporating GHS in the final draft due later this year (2021).?

In view of the above information, specifically in regards to India and the new CMS rules, it becomes imperative that we first define what circularity & recycling means in order for us to recommend suggestions and actions for implementing a circular economy in toxic and hazardous industrial waste.?

Circularity starts with designing and using the right materials for the manufacturing of products so that they may be recycled in perpetuity at their end of life using readily available conventional technologies present in the country or elsewhere. It all starts from the drawing board, selecting the most appropriate materials and chemicals even before the product ever sees the light of day. This thought process when applied with a critical mind, can simply design out the production of future toxic waste, replacing it with materials that can be utilized by others. This problem can be illustrated in the fashion industry. The question to ask is: who do you think has the last say in designing clothes, the design department or the chemical department? The answer is obviously the designer. Many environmentally progressive companies have overcome this by either educating their designers or by giving them a set list of chemicals to work with.????

Hence in order for us to move towards a circular economy in toxic and hazardous waste we must start addressing the design and material aspect related to production. In my previous mail and in our sub-committee meet I have bought up the requirement of getting on board a material specialist who understands the novices of hazardous chemicals and materials used in the production process. This will help the committee better understand and suggest what materials can be used as replacements while keeping the end goal of circularity in mind.?

Recycling is a crucial part of the circular economy, but unfortunately the term is increasingly being used to greenwash and flash flawed green actions to consumers and authorities alike. The goal of “true recycling” is that of converting the waste resource back to its original form, without sacrificing quality or integrity in the process. The recycled material should be at par with what was originally created using virgin raw material. As of now most waste material is either down cycled, incinerated or dumped. Given that there are serious limitations in practically implementing true recycling across the spectrum, we should envision implementing true recycling where possible. In fact, this is happening in many areas though not truly true recycling these waste materials and the processes of recycling them have managed to come pretty dam close. Example: paper, metals and now even certain types of plastics (HDPE, PET, to a limited extent), used automotive & DG set oil and cooking oil.?

Personally, coming from a hardcore waste management background, I feel that one major flaw in majority of the policies is that of focusing on quantity of recycling over quality of recycling. From a government policy perspective and that of many companies, quantity is given emphasis in order to meet stated targets. Quality of raw materials on the other hand is ignored, but is a vital part of the circular economy as the output is only going to be as good the input. Since hazardous materials are common in all sorts of items, they naturally make their way into the recycling raw material eco system as well. This fact, besides causing environmental and health related challenges also poses a serious financial risk to the recycling industry, as end product material transparency is low and, in most cases, not available. This puts in question the growth of the industry as a whole, as large environmentally progressive companies stay away from precuring products that have low LCA and material traceability & transparency.?

The crux of the problem here lies in contaminated material streams and the way forward should be the increased transparency in reporting of chemicals, toxic and hazardous contents in all materials. The end goal is to eliminate and greatly reduce the use of hazardous chemicals in waste streams through proper material selection, design and innovation. As mentioned above the use of recycled material can only be practically and financially viable if the end product meets the same criteria as virgin materials.?

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Policy Suggestions with time bound action plan:

Keeping the above-mentioned policy, legislation and definitions of circular economy and recycling in mind, mentioned below are policy recommendations to be considered, discussed and made a part of the final finished piece of art that this committee has been tasked with.?

Support Industry Front Runners: It‘s imperative that the policy and subsequent legislation encourage entrepreneurship, innovation and best practices when it comes to achieving circular management of toxic, hazardous waste and chemicals. To achieve this the following is proposed:?

Incentivise companies to phase out substances of concern?

Create, encourage and secure a market for business producing safer products through tax incentives?

Ensure efficient regulation and enforcement to ensure that the use of concerned hazardous chemicals is minimized in the manufacturing process, both virgin and recycled?

Define the term essential use pertaining to the use of hazardous chemicals in production of materials. Essential use should mean “necessary for health safety or functioning of society” as stated in the Montreal Protocol and not essential for the profit of a specific company or continued use in any type of product in our society.??

Remove red tape, speed up regulatory process & work with what‘s in hand: We know that there are many highly toxic chemicals being used in a verity of production processes to manufacture products. Instead of regulating these products based on available data, the process is postponed with the excuse that not enough data is available. With no real compulsion of companies to disclose data, hazardous chemicals and toxins are kept in circulation through continued production, use and re-use. The Precautionary principal is one major pillar on which the EU‘s chemical legislation is shouldered and can be used to take decisions even when all possible data is not in hand. We know that data is a major challenge here in India. To achieve this the following is proposed.?

Set clear political targets to identify and speed up the process of banning substances of concern?

Use the precautionary principal to avoid analysis by paralysis and bring in efficiency in regulations

Use REACH to identify substances of very high concern and ensure their effective substitution

Focus on regulating groups of substances instead of regulating specific substances on substance?to substance basis?

Enforce the “No data, No Market” principal and incentivize companies to disclose a comprehensive list of chemicals that they manufacture and or use in the process of manufacturing various materials??

Transparency and Traceability: As the singular task of this committee is to constitute a document that lays down the blue print to move towards a circular economy in regards to toxic, chemical and hazardous waste, it imperative that regulations address the design and material selection aspects. This is critical to ensure that we achieve a circularity in managing hazardous, toxic and chemical waste. I have already mentioned in some detail that circular economy and recycling are two sides of the same coin and interlinked on their dependence on innovation in design and material selection much before a product is manufactured. Transparency and traceability are key to achieve a toxic free circular economy and also key to ensure that we don‘t promote toxic recycling by not knowing the chemical contents in recycled products.

To achieve this the following is proposed:??

Time bound commitments must be mandated from companies to be fully transparent in the use of hazardous chemicals in the upstream and downstream supply chains.?

Consumers should be made aware of the hazardous chemicals and toxins present in their products and packaging through proper labeling and detailed information on the said company‘s website

Apply equivalent chemical requirements for recycled and virgin products to ensure that we move towards a toxic free circular resource economy.??

Targeting the low hanging fruits and closing existing gaps: I have covered a lot of this in suggestions mentioned in my previous mail and am making the same a part of this document for the readers convivence and reference. Mentioned below are certain additions to what has already been recommended in my previous mail to the committee. To achieve this the following is proposed:???

Apply same regulations to imported materials and products?

Use the REACH document to identify, regulate and minimize the use of EDC and PFAS in pesticides, cosmetics, food contact materials and more

One country one singular legislation and regulations because our environment is shared and the health and wellbeing of our citizens should be a national priority.?

Strengthen the hands of states and union territories to ensure that regulations are enforced nationally.?

Work with the committee drafting the CMS rules in India to ensure that there is no overlap and contradictions in two different policy‘s that are in essence targeting the same animal.??

Previous recommendations as shared last week over mail with the committee are mentioned below for your reference: Reference Mail Dated: 7th?April 2021?

?As discussed in the meeting today kindly find actions that need to be taken as per suggestions made by me in the last mail sent to members of this committee. For ease, I have mentioned the suggestion again on top with action points below every suggestion. Action points are mentioned in red.?

Suggestion 1: Across the length & breath of our country hazardous waste continues to be managed by the unorganized sector from collection to processing. As mention in the meet the market needs to be opened up to private players authorizing them to collect, transport and store hazardous waste at their facilities or deliver them directly to processing facilities located around their region of operations. This is a policy related matter and will require amendments in the Hazardous waste management rules. This has the potential to not only encourage entrepreneurship, but also engage the unorganised sector which continues to be a vital support system in the collection, transportation & processing side, especially for MSME enterprises.?

Action Plan Suggestion 1: First step would be to direct waste processors to start accepting hazardous waste from third party vendors. This would of-course happen only when the processing unit has spare capacity and the processor would have the right to charge the third party vendor a fee on a per kilogram basis with a minimum monitory guarantee. As of now majority of the processing units refuse to take hazardous waste from third party vendors and are engaged in monopolistic practises even though they do not possess the collection capacity. This has translated into a well-planned system of price gauging and over changing along with other malpractices, such as illegal disposal by companies & giving hazardous waste to unregistered vendors to save money and or get rid of the waste due to not being serviced by registered vendors.?

There should be an open window for all third party vendors who wish to engage in the collection & transportation of hazardous waste from the generators site to the processors site to register and get authorisation to undertake such work. Permission should be granted based on the rules pertaining to transportation of hazardous waste. Rules pertaining to transportation of hazardous substances are very vague and the current hazardous rules do not outline them. As a matter of fact they refer the reader to the motor vehicle act 1988 as a reference point. The hazardous waste rules must define the criteria that is required in order for authorities to grant permission. This criteria should be detailed and cover all aspects of transportation, such as but not limited to type of vehicles, type of containers, loading & unloading procedures, safety equipment on board the vehicle to meet any unforeseen incidents & an active GPS system to track the movement of the shipment.

?Transparency & traceability challenges pertaining to third party vendors can be met with strict electronic monitoring such as GPS enabled trucks, photograph and weight evidence from both from the collection point and the processing side.?

Suggestion 2:?Though there is a large list of hazardous waste processing units in different states mentioned on the CPCB website, the reality is that a lot of these units are nonfunctional or operating for name sake. The sector desperately needs more competition on the processing side for which we need to end the current cartels working in the sector. In the North from Sonipat, Gurgoan, Manisar, Delhi, Noida, Greater Noida & Gaziabad (not to mention numerous other industrial hubs) there are only a few organizations dealing with industrial hazardous waste. These organizations do not have the bandwidth to manage industrial hazardous waste being generated by large industries spread across three neighboring states. Priority financing must be made available to entrepreneurs looking to entire this sector to establish processing units.?

Action Plan Suggestion 2: Geo tagging processing units across the country & then physically verifying these units. The other flaw that needs rectification from a policy perspective that of Point 6 sub-point (i) & (ii) titled: Grant authorisation for managing hazardous waste and other waste in the hazardous waste management rules. These sub-point rule state that any person authorised or engaged in recycling or processing of hazardous waste under the provision of Hazardous Waste 2008 prior to the date of commencement of these rules shall not be required to make an application for authorisation till the period of expiry of such authorisation. This must be changed and all authorised entities given authorisation under the 2008 act must be made to register themselves under the current rules. This exercise along with geo tagging & physical verification will vastly reduce companies operating only on paper and provide the authorities with a concrete assessment of the real processing infrastructure at hand.?

Allow the trans-border movement of hazardous material for the purpose of processing only, by removing red tape. As of now, permissions from state pollution boards is required adding to delays, corruption (for issuing permissions to move goods) and creating artificial barriers to entry.?

Large bulk generators of hazardous waste must be made liable on the same lines of EPR, both financially & operationally to erect processing infrastructure to manage their hazardous waste This can initially be done for hard to process or recycle material.?

As far as the last point of providing financing is concerned, many of you may be surprised to know that the waste management sector of which hazardous waste is part of, does not have Industry status. In order for this sector to grow and investment to flow into it we must suggest to the monastery of finance and the ministry of commerce to grant this sector priority Industry status. Financing option should be budgeted into the Swachh Bharat budget every year for entrepreneurs wanting to enter and establish a business in this field.?

Suggestion 3:?Removal of arm chair consultants and inclusion of practitioners who understand challenges ranging from grassroot level to policy challenges. Practitioners who are actually working on the ground in the field of waste have a thorough understanding of the types of waste being generated across industries. These practitioners should not be limited to private players and the inclusion of players from the unorganized sector is a must. As mentioned in my comments during the meet, Google has spawned a new breed of arm chair consultants who have never got their hands dirty yet manage to be an expert member on every and any committee pertaining to waste management, environment & sustainability. Along with inclusion of practitioners, players from the unorganized sector there also is a need to include large polluters in the committee to understand their challenges and frame a practical road map that can be implemented.

Action plan Suggestion 3: Credentials of experts should be verified for practical hands on experience in their field. As mentioned we need more practitioners who have worked extensively on subjects such as sustainability, circular economy and waste management by demonstrating actual on ground impact. Flowery words and fancy job titles will not get the work done, we need india centric practical solutions that can be deployed on ground to make this a success.?

Suggestion 4: Circularity or the circular economy starts with designing products or materials that can be recycled using conventionally available technologies in the country. Just processing something does not mean you have made a circular choice. Keeping this in mind we need to first start categorizing the different types of industrial hazardous waste being generated. The second step would be to measure this waste and upload all this data region wise on a central portal. This data would capture the name of the unit generating the waste, type of waste, along with the quantity. There are home grown APPS using AI and IOT available to capture this data & upload it to a portal backed by block chain to ensure data accuracy and reduce and, in some cases, remove data manipulation. Data is key, as if it‘s not measured, it will not be managed sustainably.?

Action plan suggestion 4: As mentioned above circularity of a product starts from material selection, design and manufacturing process. In order for us to move towards a circular economy pertaining to hazardous waste management we must break this exercise into different parts:?

1.?????Data collection on types of hazardous waste being generated, in what quantity, which region, in what process and by which company?

2.?????Industry Participation: Working with these companies to establish best practises when it comes to material selection keeping LCA in mind. What are the materials that can be substituted for more environmentally friendly/recyclable materials, how can the industry commit to reducing use of such hazardous materials in their production process with definite time lines in place.?

3.?????Industry Collaboration: Bringing on board some of these large bulk waste generators as an extended part of this committee. We must have participation from all stake holders and these generators are a integral part of the equation.?

4.?????Using Technology To Capture Data: I have already mentioned above that are home grown AI apps using IOT and block chain technology to capture and disperse date on a central platform that‘s accessible to all.?

5.?????Educating ourselves & others: There is a dire need to educate not only the industry but also the authorities about proper management & processes involved in managing hazardous waste. Labelling is a big part of this and must be prominent, in your face and in easily understandable. The challenge with labelling is that most individuals handling waste at industries may not be educated enough to read them or understand them. In a country like India with regional languages given prominence, could we decide on a singular national label that clearly depicts the information to the waste handler. Yes we can, and I will be sharing some samples of labels that could be used for this purpose. Information pertaining to proper handling during collection, segregation, disposal in the correct containers, labelling on the containers, storage etc needs to be re-worked and made part of this policy draft.?

Suggestion 5: Low hanging fruit must be plucked first. Lacks of drums both metal & plastic are classified as hazardous because they have some hazardous residue left in them. Majority of these drums end up in the unorganized second-hand market, where they are resold on a per kg or per piece basis to be used for storing liquid or other materials. As mentioned by?Mr. Asitava Sen, CEO, Crop Life India, the process of triple rinsing should be mandated when disposing drums. Once triple rinsed, these drums should be classified as non-hazardous waste.

Action Plan Suggestion 5: Schedule IV of the Hazardous waste management rules that list easily recyclable hazardous materials does not list metal and plastic containers used to store hazardous material. These items must be included in the list of easily recyclable hazardous materials, with the understanding that the process of triple washing has been used prior to scrapping the material.

I believe that a document of such importance must not be vague and open to interpretation. It should be precise and easy to understand detailing every action plan in detail so nothing is left to the imagination. For this purpose, our team is going through the entire Hazardous waste management document and we shall revert with worded suggestions of removing vagueness from the current document and with what we feel must be implemented as per our industry experience of 15 plus years.

Have a fantastically sustainable weekend and I will see you in your inbox next Friday!

References:

1. ?5 aspects that chemical strategies must include
2. The Missing Piece: Chemicals in Circular Economy
3. A Chemicals Management Crash Course