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Draft Circular pertaining to disposal of seized/confiscated cylinder filled with refrigerant gases seeking comments thereon- reg.

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..... into the difficulties faced by the field formations in disposal of refrigerant gases, a fresh circular on the issue is proposed to be issued to address the issue. Copy of the draft circular is enclosed below. 2. Feedback and suggestions are solicited from the stake holders for improvement / amendment in the same, to make the circular effective for speedy disposal of hazardous refrigerant gases. The comments / suggestions may be sent at [email protected]. Encl: As above (A.C. Mallick) Under Secretary (AS) Email: [email protected] Telefax: 011-26177577 Draft Circular F. No. 711.20.2013 Cus (AS) Sir/ Madam, Subject: Disposal of seized / confiscated cylinders filled with refrigerant gases - regarding. Attention is invited to the .....

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..... er, (b) the test and inspection certificates issued by the inspecting authority in respect of cylinder and its valve are made available to the Chief Controller and prior approval of the said authority is obtained. ii. As per Rule 29 of the said Rules, no person shall import any cylinder filled or intended to be filled with any compressed gas except under and in accordance with the conditions of a licence granted under these rules and the relevant provisions of Foreign Trade (Development & Regulations) Act, 1992. iii Also, as per Rule 43 of the said Rules, no person shall fill any cylinder with compressed gas and no cylinder filled with compressed gas shall be possessed by anyone except under and in accordance with the conditions of a lic .....

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..... uction / sold as scrap after obtaining undertaking to dispose of same as per requirements of Rule 36 of the Gas Cylinder Rules, 2004 following IS: 9200 procedure. The Controller of explosives has been requested to facilitate PESO permission to the purchaser firms of refrigerant gases from Customs for destruction/disposal of decanted cylinders in a week's time of putting in the application. 2 India, being a signatory to the Montreal Protocol- the multilateral environment treaty, needs to comply with the agreed schedule of production and consumption for phase-out of Ozone Depleting Substances (ODSs), including Hydro chlorofluorocarbons (HCFCs), and to comply with the regulatory regime in respect of consumption and production of these sub .....

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..... al imports, it is necessary to identify the actual refrigerant gas being imported by use of refrigerant identifiers, viz. Refrigerant Analysers available with DRI to identify the actual gas being imported before clearance. 2.5 As per the Montreal Protocol requirements, the MoEF monitors production, consumption, import and export of ODSs through the data submitted by various Producers, concerned Departments / Ministries and also through the audit. The MoEF has stated that in case of traders / wholesalers/ Stockiest or other consumers, there is no possible system of audit through which the movement of ODS including HCFCs can be traced within the country. Hence, no system can be put in place for tracking the flow of ODS if the confiscated/ se .....

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..... taining such refrigerant gases were illegally imported should be intimated to the Ozone Cell, so that the National Ozone Units (NOUs) of those countries may be informed of the same to prevent further illegal import to India. 4. The disposal of seized refrigerant cylinders can be made through auction in accordance with the provisions laid down under the Gas Cylinder Rules, 2004 to the firms listed here under provided they are specifically permitted in writing to decant such gases in approved cylinders by the Chief Controller of Explosives. The intimation to this effect may be given to the Chief Controller of Explosives, Petroleum and Explosives Safety Organisation, C.G.O Complex, 5th Floor, Seminary Hills, NAGPUR -440006 and to the Director .....

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..... the field formations taking up disposal of such refrigerant gas cylinders should communicate about the auction to all of them and to the Secretary, Refrigerant Gas Manufacturers Association (REGML-1), C/o SRF Limited, Block-C, Sector-45, Gurgaon-122003 to have better price and improved chances of disposal. 5-2 When the refrigerant cylinders to be auctioned are in large quantity, the auctioning authority may consider the option of having auction of smaller lots of cylinders (of 1,000 2,000 each) as a single enterprise may not be in a position to process such large quantity of cylinders. 5.3 All the field formations should send details regarding quantity and type of ripe for disposal refrigerant gas cylinders to the Commissioner, Directora .....

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