THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES, 1989 (AS AMENDED UPTO 2000 – SALIENT FEATURES)
1. INTRODUCTION
The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 were notified in November, 1989 under the Environment (Protection) Act, 1986. These were amended in 1990, 1994 and 2000. The basic strategy suggested in the rules is to identify the hazardous industrial activities, prevent major accidents on-site as far as possible, and mitigate nay residual risk by emergency planning. In other words, the objective of the rules is to prevent and combat accidents arising from certain industrial activities involving hazardous chemicals.
This paper briefly describes salient features of the regime of legal controls to prevent and mitigate major accident hazards.
The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 were notified in November, 1989 under the Environment (Protection) Act, 1986. These were amended in 1990, 1994 and 2000. The basic strategy suggested in the rules is to identify the hazardous industrial activities, prevent major accidents on-site as far as possible, and mitigate nay residual risk by emergency planning. In other words, the objective of the rules is to prevent and combat accidents arising from certain industrial activities involving hazardous chemicals.
This paper briefly describes salient features of the regime of legal controls to prevent and mitigate major accident hazards.
2. DEFINITIONS
Various key terms namely, hazardous chemical, industrial activity, major accident, major accident hazards installation and threshold quantity are defined.
Various key terms namely, hazardous chemical, industrial activity, major accident, major accident hazards installation and threshold quantity are defined.
2.1 Hazardous Chemical [Rule 2(a)]
A hazardous chemical is defined as any chemical listed in any of the Schedules 1, 2 or 3 to the Rules. Any chemical which satisfied the indicative criteria given in part – I of schedule – 1 is also a hazardous chemical. The chemicals are broadly divided into several groups: highly toxic, toxic, highly reactive, explosive and flammable chemicals. In al 684 chemicals are included in Schedule I, Part II; 25 named chemicals and five classes of flammable chemicals in Schedule–2; and 179 named chemicals and six classes of flammable chemicals in Schedule–3.
A hazardous chemical is defined as any chemical listed in any of the Schedules 1, 2 or 3 to the Rules. Any chemical which satisfied the indicative criteria given in part – I of schedule – 1 is also a hazardous chemical. The chemicals are broadly divided into several groups: highly toxic, toxic, highly reactive, explosive and flammable chemicals. In al 684 chemicals are included in Schedule I, Part II; 25 named chemicals and five classes of flammable chemicals in Schedule–2; and 179 named chemicals and six classes of flammable chemicals in Schedule–3.
2.2 Industrial Activities [Rule 2(h)]
Industrial activities covered by the Rules are defined in terms of processes, storage and pipelines involving specified hazardous chemicals. In other worlds, industrial activities are divided into process activities, isolated storage and pipelines. Isolated storages covers sites such separate tank far or warehouses. Pipeline is defined as any pipe containing any of the hazardous chemicals listed at or above the threshold quantities specified except where the hazardous chemical that the pipe contains is a flammable gas as defined in paragraph b(1) of Part – 1 of Schedule – 1 at a pressure of less than 8 bars absolute.
Industrial activities covered by the Rules are defined in terms of processes, storage and pipelines involving specified hazardous chemicals. In other worlds, industrial activities are divided into process activities, isolated storage and pipelines. Isolated storages covers sites such separate tank far or warehouses. Pipeline is defined as any pipe containing any of the hazardous chemicals listed at or above the threshold quantities specified except where the hazardous chemical that the pipe contains is a flammable gas as defined in paragraph b(1) of Part – 1 of Schedule – 1 at a pressure of less than 8 bars absolute.
2.3 Major Accident [Rule 2(j)]
“Major Accident” means – an incident involving loss of life inside or outside the installation or ten or more injuries inside and/or one or more injuries outside; or release of toxic chemicals, or explosion, or fire, or spillage of hazardous chemicals, resulting in on-site emergencies, or damage to equipment leading to stoppage of process or adverse affects to the environment.
“Major Accident” means – an incident involving loss of life inside or outside the installation or ten or more injuries inside and/or one or more injuries outside; or release of toxic chemicals, or explosion, or fire, or spillage of hazardous chemicals, resulting in on-site emergencies, or damage to equipment leading to stoppage of process or adverse affects to the environment.
2.4 Major Accident Hazards (MAH) Installations –[Rule 2(ja)]
“Major Accident Hazards (MAH) Installations” means – isolated storage and industrial activity at a site handling (including transport through carrier or pipeline) of hazardous chemicals equal to or, in excess of the threshold quantities specified in, column 3 of Schedule – 2 and 3 respectively.
“Major Accident Hazards (MAH) Installations” means – isolated storage and industrial activity at a site handling (including transport through carrier or pipeline) of hazardous chemicals equal to or, in excess of the threshold quantities specified in, column 3 of Schedule – 2 and 3 respectively.
2.5 Threshold Quantity [Rule 2(n)]
The threshold quantity means:
a) in the case of a hazardous chemical specified in column (2) of Schedule–2, the quantity of that chemical specified in the corresponding entry in columns (3) and (4) of that part.
b) in the case of hazardous chemical specified in column (2) of Part – I of Schedule–3.
c) In the case of substances of a class specified in column (2) of Part II of Schedule–3, the total quantity of all substances of that class specified in the corresponding entry in columns (3) and (4) of that part.
The threshold quantity means:
a) in the case of a hazardous chemical specified in column (2) of Schedule–2, the quantity of that chemical specified in the corresponding entry in columns (3) and (4) of that part.
b) in the case of hazardous chemical specified in column (2) of Part – I of Schedule–3.
c) In the case of substances of a class specified in column (2) of Part II of Schedule–3, the total quantity of all substances of that class specified in the corresponding entry in columns (3) and (4) of that part.
3. DUTIES PLACED ON OCCUPIERS BY THE RULES
Three levels of requirements are placed on the occupiers of industrial installations involved in carrying out operations or processes listed in Schedule – 4 to the Rules.
Three levels of requirements are placed on the occupiers of industrial installations involved in carrying out operations or processes listed in Schedule – 4 to the Rules.
3.1 General or Lower Level Requirements [Rules 4, 5, 17 & 18]
Ann occupier who has control of an industrial activity other than an isolated storage involving a hazardous chemical which satisfies the indicative criteria given in Part I OR listed in Part II of Schedule – I should comply with the lower-level or general requirements given below:
Ann occupier who has control of an industrial activity other than an isolated storage involving a hazardous chemical which satisfies the indicative criteria given in Part I OR listed in Part II of Schedule – I should comply with the lower-level or general requirements given below:
3.1.1 Demonstrate Safe Operation [Rule 4(2)]
Occupiers have to demonstrate to the Authority concerned at any time that they have identified major accident hazards, taken adequate steps to prevent such major accidents and to ensure the safety of persons working on the site. To comply with this, an occupier must systematically review his industrial activity with reference to the risk of major accidents. Furthermore, he should provide information, training and equipment to the workers.
Occupiers have to demonstrate to the Authority concerned at any time that they have identified major accident hazards, taken adequate steps to prevent such major accidents and to ensure the safety of persons working on the site. To comply with this, an occupier must systematically review his industrial activity with reference to the risk of major accidents. Furthermore, he should provide information, training and equipment to the workers.
3.1.2 Notify Major Accident [Rule 5]
A responsibility is placed on the occupiers to report major accidents that occur on their sites within 48 hours to the authority concerned. Thereafter, they are required to submit detailed report relating to the major accidents in a format given in Schedule – 6 to the Rules and the steps taken to avoid any repetition of such an occurrence.
A responsibility is placed on the occupiers to report major accidents that occur on their sites within 48 hours to the authority concerned. Thereafter, they are required to submit detailed report relating to the major accidents in a format given in Schedule – 6 to the Rules and the steps taken to avoid any repetition of such an occurrence.
3.1.3 Disseminate full information on Hazardous Chemicals [Rule 17]
Occupiers should develop information in the form of a safety data sheet given in Schedule – 9 to the Rules in respect of all the hazardous chemicals they handle. Furthermore, all the containers of the hazardous chemicals should be labelled or marked to identify their contents and given full data on their properties.
Occupiers should develop information in the form of a safety data sheet given in Schedule – 9 to the Rules in respect of all the hazardous chemicals they handle. Furthermore, all the containers of the hazardous chemicals should be labelled or marked to identify their contents and given full data on their properties.
3.2 Middle Level requirements (7, 8, 9, 13, l4 & 15)
The middle level requirements by occupiers include notification of industrial activities, preparation of On-site emergency plans, furnishing necessary information to District Emergency Authority to enable them to prepare Off-site emergency plans and in alarming those people likely to be affected. These requirements are in addition to the lower level requirements cited in the foregoing section. These requirements affect industrial activities involving hazardous chemicals with threshold quantities at or above those specified in column (3) of Schedule – 2 and 3.
The middle level requirements by occupiers include notification of industrial activities, preparation of On-site emergency plans, furnishing necessary information to District Emergency Authority to enable them to prepare Off-site emergency plans and in alarming those people likely to be affected. These requirements are in addition to the lower level requirements cited in the foregoing section. These requirements affect industrial activities involving hazardous chemicals with threshold quantities at or above those specified in column (3) of Schedule – 2 and 3.
3.2.1 Notify Sites and Approval [Rule 7 & 8]
Occupiers are required to notify the Authority concerned 90 days in advance if they intend to undertake any industrial activity. The format given as Schedule – 7 is to be used for this purpose. Besides, the occupiers should further notify their sites if any changes in the inventory of hazardous chemical(s) are made.
Occupiers are required to notify the Authority concerned 90 days in advance if they intend to undertake any industrial activity. The format given as Schedule – 7 is to be used for this purpose. Besides, the occupiers should further notify their sites if any changes in the inventory of hazardous chemical(s) are made.
3.2.2 Prepare On-site Emergency Plans [Rule 13]
This rule requires occupiers to prepare adequate, up to date On-site emergency plan for dealing with possible major accidents on their sites. For new activities, however, the plans should be prepared before commencing the activity.
The plan should include the name of the person responsible for safety on the site and the names of the persons who are authorized to set the plan in action in case of an emergency. Occupiers must assess and develop the emergency plans as necessary to ensure that it takes into account of any changes in operations on the site that might have a significant effect on the plan. He is also required to make sure that persons on the site who are affected by the plan are informed on its relevant provisions.
Further, it is a statutory obligation to conduct mock drills of the On-site Emergency Plans once in a period of six months.
This rule requires occupiers to prepare adequate, up to date On-site emergency plan for dealing with possible major accidents on their sites. For new activities, however, the plans should be prepared before commencing the activity.
The plan should include the name of the person responsible for safety on the site and the names of the persons who are authorized to set the plan in action in case of an emergency. Occupiers must assess and develop the emergency plans as necessary to ensure that it takes into account of any changes in operations on the site that might have a significant effect on the plan. He is also required to make sure that persons on the site who are affected by the plan are informed on its relevant provisions.
Further, it is a statutory obligation to conduct mock drills of the On-site Emergency Plans once in a period of six months.
3.2.3 Provide information to the Authority [Rule 14(2)]
Occupiers are required to provide the Authority concerned with all the required information relating to their industrial activities to enable the authority to prepare Off-site Emergency Plan detailing how emergencies relating to a possible major accident on that site will be dealt with.
Occupiers are required to provide the Authority concerned with all the required information relating to their industrial activities to enable the authority to prepare Off-site Emergency Plan detailing how emergencies relating to a possible major accident on that site will be dealt with.
3.2.4 Give information to all liable to be affected by Major Accident [Rule 15]
Occupiers should tell the public living in the vicinity of the site about the activity, its associated hazards and what should they do in an emergency.
Occupiers should tell the public living in the vicinity of the site about the activity, its associated hazards and what should they do in an emergency.
3.3 Specific or Upper Level Requirements [Rule 10, 11 and 12]
This specific requirement are – (i) the preparation of a safety report, and (ii) carry out a safety audit of the industrial activity. In the case of industrial installations, this requirement applies only if the activities involving any of the hazardous chemicals listed in column (2) of Part – 1 and the group of flammable substances as defined by the indicative criteria given in Part – II with threshold quantity at or above that quantity given in column (4) of Schedule – 3.
This specific requirement are – (i) the preparation of a safety report, and (ii) carry out a safety audit of the industrial activity. In the case of industrial installations, this requirement applies only if the activities involving any of the hazardous chemicals listed in column (2) of Part – 1 and the group of flammable substances as defined by the indicative criteria given in Part – II with threshold quantity at or above that quantity given in column (4) of Schedule – 3.
3.3.1 Prepare Safety Report [Rule 10]
The occupiers are required to send safety report to the Authority concerned to show that their industrial activities are being carried on safety. Schedule 8 to the Rules specifies the information to be included in the safety report. It includes description of the industrial activity, process, hazardous chemicals, organization structure and information on preliminary hazard analysis, hazard assessment, safety-related equipment, information on mitigation of the consequences of major accidents, etc. It should include a description of the hazards arising out of the industrial activities together with an account of the controls that are in operation.
Furthermore, Occupier should carry out safety audit with the hep of an expert not associated with the industrial activity concerned. The Occupier should submit the report to the Authority along with his comments within 30 days after the completion of the audit.
The occupiers are required to send safety report to the Authority concerned to show that their industrial activities are being carried on safety. Schedule 8 to the Rules specifies the information to be included in the safety report. It includes description of the industrial activity, process, hazardous chemicals, organization structure and information on preliminary hazard analysis, hazard assessment, safety-related equipment, information on mitigation of the consequences of major accidents, etc. It should include a description of the hazards arising out of the industrial activities together with an account of the controls that are in operation.
Furthermore, Occupier should carry out safety audit with the hep of an expert not associated with the industrial activity concerned. The Occupier should submit the report to the Authority along with his comments within 30 days after the completion of the audit.
3.3.2 Updating of Safety Reports [Rule 11]
Rule 11 requires safety reports to be kept upto date, both in respect of modifications that may be made to the industrial activity as and when they occur, and periodically that is, every three years review the safety reports to take account of new technical knowledge, or developments in hazards assessment. The safety audits should be conducted every year.
Rule 11 requires safety reports to be kept upto date, both in respect of modifications that may be made to the industrial activity as and when they occur, and periodically that is, every three years review the safety reports to take account of new technical knowledge, or developments in hazards assessment. The safety audits should be conducted every year.
3.3.3 Send further information [Rule 12]
The occupiers must send further additional information within 90 days to the Authority concerned, if requested.
The occupiers must send further additional information within 90 days to the Authority concerned, if requested.
4. DUTIES PLACED ON THE INSPECTORATE
There are several Authorities for the enforcement of the Rules. Schedule – 5 to the Rules lists 10 Authorities and their respective duties. The Chief Inspector of Factories (CIF) has the responsibility for enforcing the directions and procedures in respect of the industrial activities covered under the Factories Act, 1948. This section briefly outlines the specific duties placed on the Chief Inspector of Factories.
There are several Authorities for the enforcement of the Rules. Schedule – 5 to the Rules lists 10 Authorities and their respective duties. The Chief Inspector of Factories (CIF) has the responsibility for enforcing the directions and procedures in respect of the industrial activities covered under the Factories Act, 1948. This section briefly outlines the specific duties placed on the Chief Inspector of Factories.
4.1 Inspect Site [Rule 3]
The Authority i.e. the CIF should inspect the industrial activities at least once in a calendar year and send a compliance report to the Ministry of Environment & Forest (MOEF) through proper channel. The Inspectorate may collect evidence to know that the occupier is carrying on the industrial activity, safely covering the three important aspects:
i) identification of major accidents by the occupier,
ii) Steps to prevent major accident and to limit their consequences, and steps to provide information, training and equipment for persons working on site to ensure their safety.
The Authority i.e. the CIF should inspect the industrial activities at least once in a calendar year and send a compliance report to the Ministry of Environment & Forest (MOEF) through proper channel. The Inspectorate may collect evidence to know that the occupier is carrying on the industrial activity, safely covering the three important aspects:
i) identification of major accidents by the occupier,
ii) Steps to prevent major accident and to limit their consequences, and steps to provide information, training and equipment for persons working on site to ensure their safety.
4.2 Undertake full analysis of Major Accident [Rule 5(2)]
After receiving a report on a major accident from an Occupier, in the form given as Schedule – 6, the Inspectorate should undertake a detailed analysis of the accident. Further the Inspectorate is required to send the information to the MOEF within a period of 90 days. The Inspectorate should also compile information about major accidents and send a coy of the same to the MOEF. It should inform the Occupier of the short-comings or lacunae, which in its opinion need to be rectified.
After receiving a report on a major accident from an Occupier, in the form given as Schedule – 6, the Inspectorate should undertake a detailed analysis of the accident. Further the Inspectorate is required to send the information to the MOEF within a period of 90 days. The Inspectorate should also compile information about major accidents and send a coy of the same to the MOEF. It should inform the Occupier of the short-comings or lacunae, which in its opinion need to be rectified.
4.3 Approve Site Notification [Rule 7(2)]
The site notification received in the Form given as Schedule – 7 is approved within 60 days from the date of its receipt.
The site notification received in the Form given as Schedule – 7 is approved within 60 days from the date of its receipt.
4.4 Asses Safety Reports [Rules 11 and 12]
The Inspectorate concerned has to assess the safety reports on the industrial activities for their correctness and completeness. While assessing them, as far as possible, consistency of interpretation and enforcement should be applied throughout. Many companies who are submitting safety reports to the CIF will have industrial activities across many areas. Therefore, the Inspectorate must seek to ensure that the standards of examination which are applied to safety reports in one area are very much similar to those which are being applied elsewhere to the same company.
Rule 12 empowers the CIF to ask the occupier for further information about any aspect of the safety report, when such information is reasonably required for the evaluation of the major accident hazards created by the industrial activity. The CIF may send a notice to the occupier requiring him to provide additional information as specified in the notice. It is not intended or desirable that this Rule should be invoked as a means of requiring the Occupier to improve an unsatisfactory safety report, but rather that it should be used where necessary to investigate in depth a critical part of the safety report.
The Inspectorate concerned has to assess the safety reports on the industrial activities for their correctness and completeness. While assessing them, as far as possible, consistency of interpretation and enforcement should be applied throughout. Many companies who are submitting safety reports to the CIF will have industrial activities across many areas. Therefore, the Inspectorate must seek to ensure that the standards of examination which are applied to safety reports in one area are very much similar to those which are being applied elsewhere to the same company.
Rule 12 empowers the CIF to ask the occupier for further information about any aspect of the safety report, when such information is reasonably required for the evaluation of the major accident hazards created by the industrial activity. The CIF may send a notice to the occupier requiring him to provide additional information as specified in the notice. It is not intended or desirable that this Rule should be invoked as a means of requiring the Occupier to improve an unsatisfactory safety report, but rather that it should be used where necessary to investigate in depth a critical part of the safety report.
4.5 Assess On-site Emergency Plans [Rule 13]
The CIF has to ensure that Occupiers prepare On-site Emergency Plans. He should also assess them.
The CIF has to ensure that Occupiers prepare On-site Emergency Plans. He should also assess them.
4.6 Assist District Collector/ District Emergency Authority in the preparation of Off-Site Emergency Plans [Rule 14]
The Chief Inspector has to assist the District Collector/District Emergency Authority in preparing Off-site Emergency Plan(s) to cover all industrial activities.
The Chief Inspector has to assist the District Collector/District Emergency Authority in preparing Off-site Emergency Plan(s) to cover all industrial activities.
4.7 Issue Improvement Notices [Rule 19]
The Authority i.e. CIF is empowered to serve improvement notices to the Occupiers who contravene the provisions of the Rules within 45 days of the matters occasioning them to remedy the contraventions. The CIF, if needed, guide the Occupier in remedy the contraventions.
The Authority i.e. CIF is empowered to serve improvement notices to the Occupiers who contravene the provisions of the Rules within 45 days of the matters occasioning them to remedy the contraventions. The CIF, if needed, guide the Occupier in remedy the contraventions.
5. OTHER PROVISIONS
5.1 Disclosure of Information [16]
Rule 16 requires that the information which an Occupier makes available to the Authority concerned under these Rules shall be kept confidential and can only be disclosed to the extent to which it is necessary for carrying out his duties under the Rules. There may be instances when the Occupier given additional information to the CIF. It should not be disclosed to outside Bodies except with the consent of the Occupier. However, the information required for the public in case of a major accident shall b disseminated. This has a particular relevance to the information from the Occupier supplied to the District Collector/District Emergency Authority for the preparation of Off-site Emergency Plan for informing the public.
Rule 16 requires that the information which an Occupier makes available to the Authority concerned under these Rules shall be kept confidential and can only be disclosed to the extent to which it is necessary for carrying out his duties under the Rules. There may be instances when the Occupier given additional information to the CIF. It should not be disclosed to outside Bodies except with the consent of the Occupier. However, the information required for the public in case of a major accident shall b disseminated. This has a particular relevance to the information from the Occupier supplied to the District Collector/District Emergency Authority for the preparation of Off-site Emergency Plan for informing the public.
5.2 Import of Hazardous Chemicals [Rule 18]
Occupiers are required to inform the Authority concerned of the imports of hazardous chemicals and maintain records of such imports as per the format given in Schedule – 10.
Occupiers are required to inform the Authority concerned of the imports of hazardous chemicals and maintain records of such imports as per the format given in Schedule – 10.
5.3 Power of the Central Government to Modify Schedules [Rule 20]
The Central Government may, at any time, by notification in the Official Gazette, make suitable changes in the Schedules.
The Central Government may, at any time, by notification in the Official Gazette, make suitable changes in the Schedules.
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