Inclusion of carcinogenic white chrysotile asbestos mineral fiber in the UN list of hazardous chemicals under Rotterdam Convention
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Gopal Krishna
May 4, 2019, 5:01:11 AM5/4/19
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Note: Kindly find attached the pdf version of the BANI-TWA letter to
Shri D.V. Sadananda Gowda, Union Minister (Chemicals & Fertilizers)
To
Shri D.V. Sadananda Gowda
Union Minister (Chemicals & Fertilizers)
Government of India
New Delhi
Date: May 4, 2019
Subject-Inclusion of carcinogenic white chrysotile asbestos mineral
fiber in the UN list of hazardous chemicals under Rotterdam Convention
on the Prior Informed Consent Procedure (PIC) for Certain Hazardous
Chemicals and Pesticides in International Trade
Sir,
With reference to the meeting of 9th conference of parties to the UN’s
Rotterdam Convention on the Prior Informed Consent Procedure (PIC) for
Certain Hazardous Chemicals and Pesticides in International Trade,
this is to urgently request you to direct the Indian delegation which
is participating in the conference underway (April 29-May 10, 2019) in
Geneva to make its position consistent with the finding and
observation on National Health Portal (NHP), Centre for Health
Informatics (CHI), National Institute of Health and Family Welfare
(NIHFW), Ministry of Health and Family Welfare (MoHFW), Government of
India with regard to carcinogenic white chrysotile asbestos mineral
fiber. Indian delegation is participating in the meetings of the
Conferences of the Parties (COP) to the Basel, Rotterdam, and
Stockholm (BRS) Conventions.
We submit that the inter-ministerial delegation participating at COP 9
must be asked to factor in the publicly and officially stated stance
of National Health Portal, Government of India with regard to all
forms of asbestos including white chrysotile asbestos. It states that
“All forms of asbestos (chrysotile, crocidolite, amosite, tremolite,
actinolite and anthophyllite) are in use because of their
extraordinary tensile strength, poor heat conduction, and relative
resistance to chemical attack. Chemically, asbestos minerals are
silicate compounds, meaning they contain atoms of silicon and oxygen
in their molecular structure. All forms of asbestos are carcinogenic
to humans. Exposure to asbestos (including chrysotile) causes cancer
of the lung, larynx, and ovaries, and also mesothelioma (a cancer of
the pleural and peritoneal linings). Asbestos exposure is also
responsible for other diseases such as asbestosis (fibrosis of the
lungs), and plaques, thickening and effusion in the pleura.” It
observes that “Exposure to asbestos occurs through inhalation of
fibers in air in the working environment, ambient air in the vicinity
of point sources such as factories handling asbestos, or indoor air in
housing and buildings containing friable asbestos materials.”
We submit that the last meetings of the Conferences of the Parties
(COP) to the Basel, Rotterdam, and Stockholm (BRS) Conventions
happened during April 24-May 5, 2017 in Geneva. The final official
brief for the Indian delegation to the meeting of COP-8 of Rotterdam
Convention stated that “The implication of listing of chemicals is
rise in trade cost” and delay in import/export of hazardous chemicals.
This is far from the truth. In its myopia, the brief does not factor
in the health cost incurred due unrestricted trade in hazardous
chemicals.
We submit that “The burden of asbestos-related diseases is still
rising, even in countries that banned the use of asbestos in the early
1990s. Because of the long latency periods attached to the asbestos
related diseases, stopping the use of asbestos now will result in a
decrease in the number of asbestos-related deaths only after a number
of decades. There is no safe use of asbestos and no safe limits set by
WHO, ILO (International labour organization)” (ibid). It discloses
that “The prevalence of asbestosis in four cement factories
(Ahmadabad, Hyderabad, Coimbatore and Mumbai) varied from 3% to 5%”
and “In asbestos textile industry prevalence of asbestosis was 9% in
workers having less than 10 years exposure, in contrast to the
reported average duration of over 20 years” (National Health Portal,
Government of India).
We submit that in a reply to the Parliament, Union Minister of Health
and Family welfare stated that “The Ministry of Mines has informed
that the Grant of fresh mining leases and renewal of existing mining
leases for Asbestos are presently banned in the country on Health
Grounds” (Union Ministry of Health and Family welfare, 2014). He also
shared the findings of the Indian Council of Medical Research (ICMR),
Union Ministry of Health and Family welfare which has “informed that
major health hazards of asbestos include cancer of lung, mesothelioma
of pleura and peritoneum and specific fibrous disease of lung known as
asbestosis. All types of asbestos fibers are responsible for human
mortality and morbidity….Directorate General Factory Advice Service
and Labour Institutes, (DGFASLI) under Ministry of Labour & Employment
has intimated data of workers suffering from Asbestosis in factories
registered under the Factories Act, 1948.As per the information
provided by DGFASLI, it is informed that 21 no. of Asbestosis cases
were reported in Gujarat in 2010 and 2 cases in Maharashtra in the
year 2012”. This has been shared by the Union Minister for Health and
Family Welfare in a written reply to the Parliament.
We submit that a 29 page long “Draft decision guidance document” on
Rotterdam Convention – Operation of the Prior Informed Consent
procedure for banned or severely restricted chemicals” for “Inclusion
of chrysotile asbestos in Annex III to the Rotterdam Convention” is on
the agenda. (Item 5 (b) of the provisional agenda, Matters related to
the implementation of the Convention: listing of chemicals in Annex
III to the Convention). As per the Draft decision guidance document,
“Chrysotile (serpentine forms of asbestos) is included in the PIC
procedure as an industrial chemical. It is listed on the basis of the
final regulatory actions to ban or severely restrict its use as
notified by Australia, Chile and the European Community (EC).”
Chrysotile is by far the predominant asbestos fibre consumed today
(94% of the world’s production) and is processed into products such as
friction materials, asbestos-cement, cement pipe and sheet, gaskets
and seals, paper and textiles. The asbestos-cement industry is by far
the largest user of chrysotile fibres, accounting for about 85% of all
use. If the Draft decision guidance document is approved, the
amendment shall enter into force for all Parties on 16 September 2019.
We submit that your ministry has ignored the fact that at the very
first meeting, the Chemical Review Committee (CRC) under the Rotterdam
Convention on the Prior Informed Consent (PIC) Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade, the
committee agreed to recommend to the Conference of the Parties that
Chrysotile Asbestos should be listed in Annex III of the Rotterdam
Convention. The CRC is a group of government designated experts
established in line with Article 18 of the Convention that evaluates
candidate chemicals for possible inclusion in the Convention.
Chrysotile (serpentine forms of asbestos) is included in the PIC
procedure as an industrial chemical.
We submit that so far your ministry has ignored Hon’ble Supreme
Court’s order of 27 January, 1995 in Writ Petition (Civil) N0. 206 of
1986. Hon’ble Court observed: “The development of the carcinogenic
risk due to asbestos or any other carcinogenic agent, does not require
a continuous exposure. The cancer risk does not cease when the
exposure to the carcinogenic agent ceases, but rather the individual
carries the increased risk for the remaining years of life. The
exposure to asbestos and the resultant long tragic chain of adverse
medical, legal and societal consequences, remains the legal and social
responsibility of the employer or the producer not to endanger the
workmen or the community of the society. He or it is not absolved of
the inherent responsibility to the exposed workmen or the society at
large. They have the responsibility legal, moral and social to provide
protective measures to the workmen and to the public or all those who
are exposed to the harmful consequences of their products. Mere
adoption of regulations for the enforcement has no real meaning and
efficacy without die professional, industrial and governmental
resources and legal and moral determination to implement such
regulations.” Rotterdam Convention’s PIC procedure is consistent with
Hon’ble Supreme Court’s verdict.
We submit that given the fact that mining of asbestos is rightly
banned in India because of its hazardous nature, a member of Asbestos
Cement Products Manufacturers Association (ACPMA) has revealed to the
government and the public that the chrysotile type asbestos fiber
“will be imported from Brazil , Canada and Russia.” It is the only
kind that remains to be totally banned in India. Now the fact is that
Brazil and Canada have banned asbestos but India has emerged as the
biggest consumer of Russian white asbestos although India has
technically banned mining of all kinds of asbestos and trade of
asbestos waste (dust and fibers).
All the central ministries and state governments were supposed to
incorporate specific directions of the Hon’ble Court given in its
verdict of 27 January 1995 and reiterated on 21 January 2011 with
regard to fresh ILO Resolution of June 14, 2006 introducing a ban on
all mining, manufacture, recycling and use of all forms of asbestos
besides WHO‟s resolution of 2005 seeking elimination of future use of
asbestos but it has been ignored so far. Hon’ble Court referred to the
In the "Encyclopaedia of Occupational Health and Safety", Vol-1,
published by International Labour Office, Geneva, the latest 4th
Edition, 1991 that provides definition of asbestos-“Its Pathology has
been stated at page 188 in Vol-1, which is as follows:- "The retained
fibres in the alveolar region are 3 um or less in diameter but may be
up to 200 um long. Animal experiments strongly point to the longer
fibres, 5 um and over, as being much more fibrogenic than shorter
fibres. A proportion of the longer fibres, especially amphiboles,
become coated with an iron Protein complex producing the drumstick
appearance of asbestos bodies. All types of asbestos cause similar
fibrosis” (Supreme Court, 1995). Drawing on the Encyclopedia, it
recorded that “The signs and symptoms of asbestosis are similar to
those caused by other diffuse interstitial fibroses of the lung.
Increased breathlessness on exertion is usually the first symptom,
sometimes associated with aching or transient sharp pains in the
chest.” Hon’ble Supreme Court has recorded that “whenever asbestos
fibres are used for insulation and other purposes, the possibility of
asbestosis among workers due to inhalation of asbestos fibres cannot
be ruled out” (Supreme Court, 2005). It noted that these materials
are highly dangerous to human health, if inhaled or if contacted with
skin surface.
We submit that Schedule I of Hazardous Wastes (Management, Handling
and Transboundary Movement) Rules, 2008 under the Environment
(Protection) Act, 1986 provided the List of Processes Generating
Hazardous Wastes. The list has 36 processes generating hazardous
wastes. It must be also noted that Production of Asbestos or Asbestos
containing materials which generates Asbestos-containing residues,
Discarded Asbestos, Dust/particulates from exhaust gas treatment is at
the serial no. 15 in the list. So far your ministry has ignored that
Schedule VI of Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules, 2008 under the Environment (Protection)
Act, 1986 that provides List of Hazardous Wastes Prohibited for Import
and Export. The list had 30 such hazardous wastes which are also
covered under UN‟s Basel Convention on Transboundary Movement of
Hazardous Wastes and Their Disposal. The list mentions Waste Asbestos
(Dust and Fibers) at serial no. 16 with its Basel No. A2050. It is
noteworthy that given the fact that all asbestos based products have a
life span, it is natural that all asbestos based products are
potential asbestos wastes.
It may be recalled that on June 22, 2011 Indian delegation led by Ms.
Mira Mehrishi, Additional Secretary, Government of India and the head
of the Indian delegation had supported the listing of Chrysotile
asbestos as a hazardous chemical substance at the fifth Conference of
Parties to the Rotterdam Convention amidst standing ovation.
We submit that even under Factories Act, 1948, the List of 29
industries involving hazardous processes is given under Section 2
(cb), Schedule First, asbestos is mentioned at serial no. 24. The Act
defines "hazardous process" as “any process or activity in relation to
an industry specified in the First Schedule where, unless special care
is taken, raw materials used therein or the intermediate or finished
products, bye-products, wastes or effluents thereof would--(i) cause
material impairment to the health of the persons engaged in or
connected therewith, or (ii) result in the pollution of the general
environment” . This leaves no doubt that asbestos is a hazardous
substance.
We submit that your ministry has ignored the fact that the United
Nations Committee of Experts on the Transportation of Dangerous Goods
classifies Chrysotile Asbestos in Hazard Class and Packing Group, UN
number 2590, Class 9 – Miscellaneous dangerous goods and articles. Its
International Maritime Dangerous Goods (IMDG) Code is UN No: 2590:
Class or division 9.
We submit that so far your ministry has ignored the fact that Indian
railways is currently phasing out of asbestos roofs from some 8000
railway stations across the country. Taking note of hazards from
asbestos of all kinds, new rules have been framed in Maharashtra as a
step to make the state free of asbestos. It is significant that bitter
protests of villagers led to the cancellation of asbestos based
factories in Bhojpur, Muzaffarpur, Vaishali, West Champaran and
Madhubani in Bihar.
Given the fact that Department of Chemicals and Petrochemicals is the
Designated National Authority (DNA) for industrial chemicals under the
Rotterdam Convention on Prior Informed Consent Procedures (PIC) that
entered into force on 24th February, 2004, which is a legally binding
instrument. The parties to the Convention are required to communicate
their import policy for these chemicals to the PIC Secretariat. The
exporting Party has to provide the export notification to the
importing Party in respect of banned or severely restricted chemicals
in the importing country. The export notifications received from other
Parties for industrial chemicals are examined by Department of
Chemicals and Petrochemicals, being the DNA for industrial chemicals,
and acknowledgment/ reply is sent to the DNA of the exporting country.
In such a backdrop, we urge you to support listing of white chrysotile
asbestos in the UN list of hazardous chemicals to ensure that India’s
position at the meeting of Rotterdam Convention is not inconsistent
with its submissions made in Parliament, Hon’ble Supreme Court’s
verdict domestic law and medical findings.
Thanking you
Warm Regards
Gopal Krishna, LL.B., Ph.D
Ban Asbestos Network of India (BANI)
ToxicsWatch Alliance (TWA)
New Delhi
E-mail: krishn...@gmail.com
Mb: 9818089660
Web: www.asbestosfreeindia.org
www.toxicswatch.org
Cc
Dr Harshvardhan, Union Minister (Environment, Forests and Climate Change)
Dr J P Nadda, Union Minister (Health & Family Welfare)
Shri Anand Sharma, Chairman, Parliamentary Standing Committee on
Science & Technology, Environment & Forests
Shri Rao Inderjit Singh, Union Minister of State (Chemicals & Fertilizers)
Shri Mansukh Mandaviya, Union Minister of State (Chemicals & Fertilizers)
Dr. Mahesh Sharma, Union Minister of State (Environment, Forest and
Climate Change)
Shri Chandra Kishore Mishra, Secretary, Union Ministry (Environment,
Forests and Climate Change)
Shri P. Raghavendra Rao, Secretary, Union Ministry (Chemicals & Petrochemicals)
Shri Anil Kumar Jain, Additional Secretary, Hazardous Substances
Management Division, Union Ministry (Environment, Forests and Climate
Change)
Shri Samir Kumar Biswas, Joint Secretary (Chemicals)
Shri S.P. Singh Parihar, Chairman, Central Pollution Control Board
Shri D.V. Sadananda Gowda, Union Minister (Chemicals & Fertilizers)
To
Shri D.V. Sadananda Gowda
Union Minister (Chemicals & Fertilizers)
Government of India
New Delhi
Date: May 4, 2019
Subject-Inclusion of carcinogenic white chrysotile asbestos mineral
fiber in the UN list of hazardous chemicals under Rotterdam Convention
on the Prior Informed Consent Procedure (PIC) for Certain Hazardous
Chemicals and Pesticides in International Trade
Sir,
With reference to the meeting of 9th conference of parties to the UN’s
Rotterdam Convention on the Prior Informed Consent Procedure (PIC) for
Certain Hazardous Chemicals and Pesticides in International Trade,
this is to urgently request you to direct the Indian delegation which
is participating in the conference underway (April 29-May 10, 2019) in
Geneva to make its position consistent with the finding and
observation on National Health Portal (NHP), Centre for Health
Informatics (CHI), National Institute of Health and Family Welfare
(NIHFW), Ministry of Health and Family Welfare (MoHFW), Government of
India with regard to carcinogenic white chrysotile asbestos mineral
fiber. Indian delegation is participating in the meetings of the
Conferences of the Parties (COP) to the Basel, Rotterdam, and
Stockholm (BRS) Conventions.
We submit that the inter-ministerial delegation participating at COP 9
must be asked to factor in the publicly and officially stated stance
of National Health Portal, Government of India with regard to all
forms of asbestos including white chrysotile asbestos. It states that
“All forms of asbestos (chrysotile, crocidolite, amosite, tremolite,
actinolite and anthophyllite) are in use because of their
extraordinary tensile strength, poor heat conduction, and relative
resistance to chemical attack. Chemically, asbestos minerals are
silicate compounds, meaning they contain atoms of silicon and oxygen
in their molecular structure. All forms of asbestos are carcinogenic
to humans. Exposure to asbestos (including chrysotile) causes cancer
of the lung, larynx, and ovaries, and also mesothelioma (a cancer of
the pleural and peritoneal linings). Asbestos exposure is also
responsible for other diseases such as asbestosis (fibrosis of the
lungs), and plaques, thickening and effusion in the pleura.” It
observes that “Exposure to asbestos occurs through inhalation of
fibers in air in the working environment, ambient air in the vicinity
of point sources such as factories handling asbestos, or indoor air in
housing and buildings containing friable asbestos materials.”
We submit that the last meetings of the Conferences of the Parties
(COP) to the Basel, Rotterdam, and Stockholm (BRS) Conventions
happened during April 24-May 5, 2017 in Geneva. The final official
brief for the Indian delegation to the meeting of COP-8 of Rotterdam
Convention stated that “The implication of listing of chemicals is
rise in trade cost” and delay in import/export of hazardous chemicals.
This is far from the truth. In its myopia, the brief does not factor
in the health cost incurred due unrestricted trade in hazardous
chemicals.
We submit that “The burden of asbestos-related diseases is still
rising, even in countries that banned the use of asbestos in the early
1990s. Because of the long latency periods attached to the asbestos
related diseases, stopping the use of asbestos now will result in a
decrease in the number of asbestos-related deaths only after a number
of decades. There is no safe use of asbestos and no safe limits set by
WHO, ILO (International labour organization)” (ibid). It discloses
that “The prevalence of asbestosis in four cement factories
(Ahmadabad, Hyderabad, Coimbatore and Mumbai) varied from 3% to 5%”
and “In asbestos textile industry prevalence of asbestosis was 9% in
workers having less than 10 years exposure, in contrast to the
reported average duration of over 20 years” (National Health Portal,
Government of India).
We submit that in a reply to the Parliament, Union Minister of Health
and Family welfare stated that “The Ministry of Mines has informed
that the Grant of fresh mining leases and renewal of existing mining
leases for Asbestos are presently banned in the country on Health
Grounds” (Union Ministry of Health and Family welfare, 2014). He also
shared the findings of the Indian Council of Medical Research (ICMR),
Union Ministry of Health and Family welfare which has “informed that
major health hazards of asbestos include cancer of lung, mesothelioma
of pleura and peritoneum and specific fibrous disease of lung known as
asbestosis. All types of asbestos fibers are responsible for human
mortality and morbidity….Directorate General Factory Advice Service
and Labour Institutes, (DGFASLI) under Ministry of Labour & Employment
has intimated data of workers suffering from Asbestosis in factories
registered under the Factories Act, 1948.As per the information
provided by DGFASLI, it is informed that 21 no. of Asbestosis cases
were reported in Gujarat in 2010 and 2 cases in Maharashtra in the
year 2012”. This has been shared by the Union Minister for Health and
Family Welfare in a written reply to the Parliament.
We submit that a 29 page long “Draft decision guidance document” on
Rotterdam Convention – Operation of the Prior Informed Consent
procedure for banned or severely restricted chemicals” for “Inclusion
of chrysotile asbestos in Annex III to the Rotterdam Convention” is on
the agenda. (Item 5 (b) of the provisional agenda, Matters related to
the implementation of the Convention: listing of chemicals in Annex
III to the Convention). As per the Draft decision guidance document,
“Chrysotile (serpentine forms of asbestos) is included in the PIC
procedure as an industrial chemical. It is listed on the basis of the
final regulatory actions to ban or severely restrict its use as
notified by Australia, Chile and the European Community (EC).”
Chrysotile is by far the predominant asbestos fibre consumed today
(94% of the world’s production) and is processed into products such as
friction materials, asbestos-cement, cement pipe and sheet, gaskets
and seals, paper and textiles. The asbestos-cement industry is by far
the largest user of chrysotile fibres, accounting for about 85% of all
use. If the Draft decision guidance document is approved, the
amendment shall enter into force for all Parties on 16 September 2019.
We submit that your ministry has ignored the fact that at the very
first meeting, the Chemical Review Committee (CRC) under the Rotterdam
Convention on the Prior Informed Consent (PIC) Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade, the
committee agreed to recommend to the Conference of the Parties that
Chrysotile Asbestos should be listed in Annex III of the Rotterdam
Convention. The CRC is a group of government designated experts
established in line with Article 18 of the Convention that evaluates
candidate chemicals for possible inclusion in the Convention.
Chrysotile (serpentine forms of asbestos) is included in the PIC
procedure as an industrial chemical.
We submit that so far your ministry has ignored Hon’ble Supreme
Court’s order of 27 January, 1995 in Writ Petition (Civil) N0. 206 of
1986. Hon’ble Court observed: “The development of the carcinogenic
risk due to asbestos or any other carcinogenic agent, does not require
a continuous exposure. The cancer risk does not cease when the
exposure to the carcinogenic agent ceases, but rather the individual
carries the increased risk for the remaining years of life. The
exposure to asbestos and the resultant long tragic chain of adverse
medical, legal and societal consequences, remains the legal and social
responsibility of the employer or the producer not to endanger the
workmen or the community of the society. He or it is not absolved of
the inherent responsibility to the exposed workmen or the society at
large. They have the responsibility legal, moral and social to provide
protective measures to the workmen and to the public or all those who
are exposed to the harmful consequences of their products. Mere
adoption of regulations for the enforcement has no real meaning and
efficacy without die professional, industrial and governmental
resources and legal and moral determination to implement such
regulations.” Rotterdam Convention’s PIC procedure is consistent with
Hon’ble Supreme Court’s verdict.
We submit that given the fact that mining of asbestos is rightly
banned in India because of its hazardous nature, a member of Asbestos
Cement Products Manufacturers Association (ACPMA) has revealed to the
government and the public that the chrysotile type asbestos fiber
“will be imported from Brazil , Canada and Russia.” It is the only
kind that remains to be totally banned in India. Now the fact is that
Brazil and Canada have banned asbestos but India has emerged as the
biggest consumer of Russian white asbestos although India has
technically banned mining of all kinds of asbestos and trade of
asbestos waste (dust and fibers).
All the central ministries and state governments were supposed to
incorporate specific directions of the Hon’ble Court given in its
verdict of 27 January 1995 and reiterated on 21 January 2011 with
regard to fresh ILO Resolution of June 14, 2006 introducing a ban on
all mining, manufacture, recycling and use of all forms of asbestos
besides WHO‟s resolution of 2005 seeking elimination of future use of
asbestos but it has been ignored so far. Hon’ble Court referred to the
In the "Encyclopaedia of Occupational Health and Safety", Vol-1,
published by International Labour Office, Geneva, the latest 4th
Edition, 1991 that provides definition of asbestos-“Its Pathology has
been stated at page 188 in Vol-1, which is as follows:- "The retained
fibres in the alveolar region are 3 um or less in diameter but may be
up to 200 um long. Animal experiments strongly point to the longer
fibres, 5 um and over, as being much more fibrogenic than shorter
fibres. A proportion of the longer fibres, especially amphiboles,
become coated with an iron Protein complex producing the drumstick
appearance of asbestos bodies. All types of asbestos cause similar
fibrosis” (Supreme Court, 1995). Drawing on the Encyclopedia, it
recorded that “The signs and symptoms of asbestosis are similar to
those caused by other diffuse interstitial fibroses of the lung.
Increased breathlessness on exertion is usually the first symptom,
sometimes associated with aching or transient sharp pains in the
chest.” Hon’ble Supreme Court has recorded that “whenever asbestos
fibres are used for insulation and other purposes, the possibility of
asbestosis among workers due to inhalation of asbestos fibres cannot
be ruled out” (Supreme Court, 2005). It noted that these materials
are highly dangerous to human health, if inhaled or if contacted with
skin surface.
We submit that Schedule I of Hazardous Wastes (Management, Handling
and Transboundary Movement) Rules, 2008 under the Environment
(Protection) Act, 1986 provided the List of Processes Generating
Hazardous Wastes. The list has 36 processes generating hazardous
wastes. It must be also noted that Production of Asbestos or Asbestos
containing materials which generates Asbestos-containing residues,
Discarded Asbestos, Dust/particulates from exhaust gas treatment is at
the serial no. 15 in the list. So far your ministry has ignored that
Schedule VI of Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules, 2008 under the Environment (Protection)
Act, 1986 that provides List of Hazardous Wastes Prohibited for Import
and Export. The list had 30 such hazardous wastes which are also
covered under UN‟s Basel Convention on Transboundary Movement of
Hazardous Wastes and Their Disposal. The list mentions Waste Asbestos
(Dust and Fibers) at serial no. 16 with its Basel No. A2050. It is
noteworthy that given the fact that all asbestos based products have a
life span, it is natural that all asbestos based products are
potential asbestos wastes.
It may be recalled that on June 22, 2011 Indian delegation led by Ms.
Mira Mehrishi, Additional Secretary, Government of India and the head
of the Indian delegation had supported the listing of Chrysotile
asbestos as a hazardous chemical substance at the fifth Conference of
Parties to the Rotterdam Convention amidst standing ovation.
We submit that even under Factories Act, 1948, the List of 29
industries involving hazardous processes is given under Section 2
(cb), Schedule First, asbestos is mentioned at serial no. 24. The Act
defines "hazardous process" as “any process or activity in relation to
an industry specified in the First Schedule where, unless special care
is taken, raw materials used therein or the intermediate or finished
products, bye-products, wastes or effluents thereof would--(i) cause
material impairment to the health of the persons engaged in or
connected therewith, or (ii) result in the pollution of the general
environment” . This leaves no doubt that asbestos is a hazardous
substance.
We submit that your ministry has ignored the fact that the United
Nations Committee of Experts on the Transportation of Dangerous Goods
classifies Chrysotile Asbestos in Hazard Class and Packing Group, UN
number 2590, Class 9 – Miscellaneous dangerous goods and articles. Its
International Maritime Dangerous Goods (IMDG) Code is UN No: 2590:
Class or division 9.
We submit that so far your ministry has ignored the fact that Indian
railways is currently phasing out of asbestos roofs from some 8000
railway stations across the country. Taking note of hazards from
asbestos of all kinds, new rules have been framed in Maharashtra as a
step to make the state free of asbestos. It is significant that bitter
protests of villagers led to the cancellation of asbestos based
factories in Bhojpur, Muzaffarpur, Vaishali, West Champaran and
Madhubani in Bihar.
Given the fact that Department of Chemicals and Petrochemicals is the
Designated National Authority (DNA) for industrial chemicals under the
Rotterdam Convention on Prior Informed Consent Procedures (PIC) that
entered into force on 24th February, 2004, which is a legally binding
instrument. The parties to the Convention are required to communicate
their import policy for these chemicals to the PIC Secretariat. The
exporting Party has to provide the export notification to the
importing Party in respect of banned or severely restricted chemicals
in the importing country. The export notifications received from other
Parties for industrial chemicals are examined by Department of
Chemicals and Petrochemicals, being the DNA for industrial chemicals,
and acknowledgment/ reply is sent to the DNA of the exporting country.
In such a backdrop, we urge you to support listing of white chrysotile
asbestos in the UN list of hazardous chemicals to ensure that India’s
position at the meeting of Rotterdam Convention is not inconsistent
with its submissions made in Parliament, Hon’ble Supreme Court’s
verdict domestic law and medical findings.
Thanking you
Warm Regards
Gopal Krishna, LL.B., Ph.D
Ban Asbestos Network of India (BANI)
ToxicsWatch Alliance (TWA)
New Delhi
E-mail: krishn...@gmail.com
Mb: 9818089660
Web: www.asbestosfreeindia.org
www.toxicswatch.org
Cc
Dr Harshvardhan, Union Minister (Environment, Forests and Climate Change)
Dr J P Nadda, Union Minister (Health & Family Welfare)
Shri Anand Sharma, Chairman, Parliamentary Standing Committee on
Science & Technology, Environment & Forests
Shri Rao Inderjit Singh, Union Minister of State (Chemicals & Fertilizers)
Shri Mansukh Mandaviya, Union Minister of State (Chemicals & Fertilizers)
Dr. Mahesh Sharma, Union Minister of State (Environment, Forest and
Climate Change)
Shri Chandra Kishore Mishra, Secretary, Union Ministry (Environment,
Forests and Climate Change)
Shri P. Raghavendra Rao, Secretary, Union Ministry (Chemicals & Petrochemicals)
Shri Anil Kumar Jain, Additional Secretary, Hazardous Substances
Management Division, Union Ministry (Environment, Forests and Climate
Change)
Shri Samir Kumar Biswas, Joint Secretary (Chemicals)
Shri S.P. Singh Parihar, Chairman, Central Pollution Control Board
Frank,Arthur
May 4, 2019, 9:50:28 AM5/4/19
to banasbes...@googlegroups.com, Gopal Krishna
Dear Gopal- quite some letter. Let us hope it has some effect. Arthur
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> On May 4, 2019, at 5:01 AM, Gopal Krishna <krishn...@gmail.com> wrote:
>
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> <BANI LETTER TO MINISTER OF CHEMICALS AND FERTILISERS MAY 4, 2019.pdf>
Sent from my iPhone
> On May 4, 2019, at 5:01 AM, Gopal Krishna <krishn...@gmail.com> wrote:
>
> Caution: This message came from outside of Drexel. Do not click links or attachments unless you expected this email.
> https://nam01.safelinks.protection.outlook.com/?url=www.toxicswatch.org&data=02%7C01%7Calf26%40drexel.edu%7C8f83f9702cba482d544a08d6d06f0f01%7C3664e6fa47bd45a696708c4f080f8ca6%7C0%7C0%7C636925572768813833&sdata=HZ%2Fy0LHteSY9hDIDl234zdiBzGr78aXAwifxY5XEEGI%3D&reserved=0
>
> Cc
> Dr Harshvardhan, Union Minister (Environment, Forests and Climate Change)
> Dr J P Nadda, Union Minister (Health & Family Welfare)
> Shri Anand Sharma, Chairman, Parliamentary Standing Committee on
> Science & Technology, Environment & Forests
> Shri Rao Inderjit Singh, Union Minister of State (Chemicals & Fertilizers)
> Shri Mansukh Mandaviya, Union Minister of State (Chemicals & Fertilizers)
> Dr. Mahesh Sharma, Union Minister of State (Environment, Forest and
> Climate Change)
> Shri Chandra Kishore Mishra, Secretary, Union Ministry (Environment,
> Forests and Climate Change)
> Shri P. Raghavendra Rao, Secretary, Union Ministry (Chemicals & Petrochemicals)
> Shri Anil Kumar Jain, Additional Secretary, Hazardous Substances
> Management Division, Union Ministry (Environment, Forests and Climate
> Change)
> Shri Samir Kumar Biswas, Joint Secretary (Chemicals)
> Shri S.P. Singh Parihar, Chairman, Central Pollution Control Board
>
> --
> Cc
> Dr Harshvardhan, Union Minister (Environment, Forests and Climate Change)
> Dr J P Nadda, Union Minister (Health & Family Welfare)
> Shri Anand Sharma, Chairman, Parliamentary Standing Committee on
> Science & Technology, Environment & Forests
> Shri Rao Inderjit Singh, Union Minister of State (Chemicals & Fertilizers)
> Shri Mansukh Mandaviya, Union Minister of State (Chemicals & Fertilizers)
> Dr. Mahesh Sharma, Union Minister of State (Environment, Forest and
> Climate Change)
> Shri Chandra Kishore Mishra, Secretary, Union Ministry (Environment,
> Forests and Climate Change)
> Shri P. Raghavendra Rao, Secretary, Union Ministry (Chemicals & Petrochemicals)
> Shri Anil Kumar Jain, Additional Secretary, Hazardous Substances
> Management Division, Union Ministry (Environment, Forests and Climate
> Change)
> Shri Samir Kumar Biswas, Joint Secretary (Chemicals)
> Shri S.P. Singh Parihar, Chairman, Central Pollution Control Board
>
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> <BANI LETTER TO MINISTER OF CHEMICALS AND FERTILISERS MAY 4, 2019.pdf>
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