Parameters of testing of waste oil, fuel oil, LSHS and LSWR in the country - Regarding - Customs - 106/2000

Circular No. 106/2000-Cus. Dated 22-12-2000 F. No. 405/9/2000-Cus.III Government of India Ministry of Finance (Department of Revenue) Central Board of Excise Customs, New Delhi Subject :- Parameters of testing of waste oil, fuel oil, LSHS and LSWR in the country - Regarding. I am directed to invite your attention to the above subject and to state that the field formations of Customs have reported difficulties in regard to testing of waste oil, fuel oil, LSHS and LSWR etc. In this regard, a meeting was held on 3-11-2000 in the Ministry of Environment and Forest to discuss the parameters and facilities available for testing of waste oil and other oils in the country. A copy of the minutes is enclosed. 2. It may be seen that the Ministry of Environment and Forests have clarified that the seven parameters indicated in Circular issued vide letter F. No. 478/33/96-LC, dated 17th September 1997, and partially amended by letter F. No. 405/19/97-Cus. III, dated 12th November, 1997, are only relevant to the testing of waste oil, and are not applicable to testing of fuel oil, LSHS and LSWR etc. It has also been reiterated that import of waste oil continues to be prohibited. 3. The field formations may be advised to follow the prescribed course of action for testing of fuel oil, LSHS LSWR as given in the Minutes of the meeting, dated 3-11-2000. Kindly acknowledge the receipt. Difficulties, if any, faced in the implementation of above instructions may be brought to the notice of the Board. Minutes of the Meeting held on 3-11-2000, at 1500 hrs. in Paryavaran Bhavan, Ministry of Environment Forests, CGO Complex, Lodi Road, New Delhi - 110003 regarding Parameters and Facilities for testing of waste oil in the country. A meeting was convened on 3-11-2000 at 1500 hrs. in Paryavaran Bhavan, Ministry of Environment Forests, CGO Complex, Lodhi Road, New Delhi-110003 to discuss problems faced by Customs authorities in testing of waste oil imported into the country. A list of officials who attended the meeting is appended. In addition to officials of the Central Board of Excise Customs (CBEC), New Delhi and Customs Depart., experts from Central Pollution Control Board (CPCB), Indian Institute of Petroleum (IIP), Dehradun, M/s. SGS India Ltd., Mumbai and Shri Ram Institute of Industrial Research were also invited. At the very outset, Joint Secretary, Ministry of Environment Forests desired that the Customs Deptt. briefly place before the Committee problems faced by the Customs authorities in testing of waste oil. The Dy. Commissioner (ICD) informed the members that virgin fuel oil, LSHS and LSWR are being imported into the country and of the seven parameters indicated for testing, namely, PCB, PCT and PBB chlorinated solvents, benzene, polychlorinated aromatic hydro carbon (PAH) and heavy metals, three parameters, namely, PCB, PCT and PBB can not be tested in the CRCL Laboratory. Even institutions referred to by the MOEF have expressed their inability to test PCB, PCT and PBB. The members were then informed that the said parameters indicated were communicated to the Custom in September 1997 for testing of waste oil and were only applicable to waste oil and not to virgin fuel oil, LSHS and LSWR. The members were also informed that import of waste oil was prohibited and that material seized by the Customs and lying in the Ports/Customs/CDs were to be auctioned/released only on the orders of the Supreme Court in W.P. No. 657/95 which is awaited. It was made clear that the parameters suggested by the Ministry should not be applied to fuel oil, LSHS or LSWR. It was then decided to discuss specifications for fuel oil, LSHS and LSWR. Experts from IIP informed the members that fuel oil specifications have been laid down by the BIS IS (1593/82) and these need to be adhered to. As LSHS and LSWR are refinery specific, these specifications could be available from the IOC. Discussions were then held to indicate thumb rules for classification of such oils. It was felt that virgin oils exhibited no acidity and contain no heavy metals. However, presence of vanadium in LSHS was a possibility. It was, therefore, felt that a specific heavy metal concentration (upper limit) could be indicated as a thumb rule for off specification products. It was clarified that acidity and ash content could serve as screening test for fuel oil, LSWR and LSHS. The representative of Shri Ram Institute of Industrial Research was of the view that a series of tests should be done before arriving at a decision that the imported material is waste oil. Fuel oil, LSHS and LSWR which do not meet the laid down specifications (oil-specification product) have to be tested in a proper manner. These consignments are also to be considered as illegal imports if they are classified as waste oil on the basis of testing. In order to ascertain whether these are off specification products or waste oil, the following procedure could be followed : - (1) Products such as fuel oil, LSWR and LSHS be subjected to the screening test (acidity and ash contents) : Acidity should be 'nil' and ash content should be less than or equal to 0.1%. (2) Any product which does not meet the above specifications will have to be tested further for heavy metals (allowable limits for heavy metal to be suggested by the IIP). If the permissible level is exceeded, the product would be classified as waste oil and the import would be illegal. (3) Even if the oil meets the heavy metal limits prescribed, organic halide concentration needs to be determined by an AOX analyzer. (4) Oils which show presence of organic halides will than have to be analysed for PCB. The members decided that the above procedure could be communicated to the Customs Authorities for testing of their off specification products such as fuel oil, LSHS and LSWR. List of Officials attended the meeting held on 3-11-2000 at 1500 hrs. in Paryavaran Bhavan, Ministry of Environment Forests, CGO Complex, Lodi Road, New Delhi - 110003 regarding Parameters and Facilities for testing of waste oil in the country. 1. Dr. V. Rajagopalan, Jt. Secretary, MoEF. 2. Shri P.C. Jha, Joint Secretary (Customs), M/o. Finance. 3. Dr. (Mrs.) Indrani Chandrasekharan, Director, MoEF. 4. Mr. M.S. Kothare, SGS India Ltd., Mumbai. 5. Dr. S.D. Makhijani, CPCB. 6. Dr. V.K. Verma, Shri Ram Institute of Indl. Research, N.D. 7. Mr. Subhash Khurana, Shri Ram Institute of Indl. Research, N.D. 8. Mr. A. Shaud, CRCL. 9. Dr. K.S. Jauhro , Dy. Dir., IIP, Dehradun. 10. Mr. S.K. Chhibber, Scientist ELL, IIP, Dehradun. 11. Mr. Manish Mohan, Dy. Commissioner (Customs). 12. Mr. R.K. Tyagi, Appraiser (Customs). 13. Dr. Vinayak Prasad, Under Secretary (Customs-III).