Hazardous Chemicals Rules, 1989

Hazardous Chemicals Rules, 1989

In exercise of the powers conferred by sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government notified Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989.

Rule 2 Definitions

Rule 4 General responsibility of the occupier during industrial activity Rule

Rule 5 Notification of Major accident

Rule 6 Industrial activity to which rules 7 to 15 apply

Rule 7 Notification of sites

Rule 8 Updating of the Site notification following changes in the threshold quality

Rule 9 Transitional provision

Rule 10 Safety reports

Rule 11 Updating of reports under Rule 10

Rule 12 Requirements for further information

Rule 13 Preparation of on-site emergency plan by the Occupier

Rule 14 Preparation of off-site emergency plans by the authority

Rule 15 Information to be given to persons liable to be affected by a major accident

Rule 16 Discloses of information

Rule 17 Collection, Development and Dissemination of Information

Rule 18 Import of hazardous chemicals

Rule 19 Improvement Notices

Rule 20 Power of the Central Government to modify the Schedule

Rule 2 : DEFINITIONS

Rule 2(e) "Hazardous Chemical" means

i.

any chemical which satisfies any of the criteria laid down in Part I off Schedule I and is listed in Column 2 of Part II of this Schedule.

ii. any chemical listed in column 2 of the Schedule 2.

iii. Any chemical listed in column 2 of Schedule 3.

Rule (h) "Industrial activity" means -

i.

An operation or process carried out on an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process, as the case may be; or

ii. Isolated storage;

iii. or Pipeline.

Rule (i) " Isolated storage " means storage of a hazardous chemical , other than storage associated with an installation on the same site specified in Schedule 4 where that storage involves atleast the quantities of that chemical set out in Schedule 2.

Rule (j) " Major accident " means an occurrence including any particular major emission, fire or explosion involving one or more hazardous chemicals and resulting from uncontrolled developments in the course of an industrial activity or due to natural events leading to serious effects both immediate or delayed, inside or outside the installation likely to cause substantial loss of life and property including adverse effects on the environment.

Rule (k) " Pipeline " means a pipe ( together with any apparatus and works associated therewith ) or system of pipes ( together with any apparatus and works associated therewith ) for the conveyance of a hazardous chemical other than a flammable gas as set out in Column 2 of Part II of Schedule 3 at a pressure of less than 8 bars absolute; the pipeline also includes interstate pipelines.

Rule (4) GENERAL RESPONSIBILITY OF THE OCCUPIER DURING INDUSTRIAL ACTIVITY RULE

4(1) This rule shall apply to -

a.

An industrial activity in which a hazardous chemical , which satisfies any of the criteria laid down in Part I of Schedule I and is listed in Column 2 of Part II of this Schedule is or may be involved ; and

b.

Isolated storage in which there is involved a threshold quantity of a hazardous chemical listed in Schedule 2 in Column 2 which is equal to or more than the threshold quantity specified in the schedule for that chemical in Column 3 thereof;

Rule 4(2) An occupier who has control of an industrial activity in-terms of sub-rule 1 shall provide evidence to show that he has -

a.

Identified major accident hazards; and

b. Taken adequate steps to -

(i)

Prevent such major accidents and to limited their consequences to persons and the environment

(ii)

Provide to the persons working on the site with the information, training and equipment including antidotes necessary to ensure their safety.

Rule (5) NOTIFICATION OF MAJOR ACCIDENT

1.

Where a major accident occurs on a site or in a pipeline the occupier shall forthwith notify the concerned authority as identified in Schedule 5 of that accident.

2.

The concerned authority shall on receipt of the report in accordance of this sub-rule 1 of this rule, shall undertake full analysis of the major accidents and send the requisite information to the MoE&F through appropriate channel .

Rule (6) INDUSTRIAL ACTIVITY TO WHICH RULES 7 TO 15 APPLY

Rule 6(1) Rules 7 to 15 will apply to

a.

An industrial activity in which there is involved a quantity of a hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than quantity specified in the entry for that chemical in Column 3 & 4 ( rules 10 - 12 only for Column 4 ) and

b.

Isolated storage in which there is involved a quantity of hazardous chemical listed in Column 2 of the Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in Column 4 .

Rule 6(2) for the purposes of rules 7 - 15

a.

" new industrial activity means an industrial activity which -

(i)

commences after the date of coming into operation of these rules ; or

(ii)

if commenced before that date, is an industrial activity in which a modification has been made which is likely to cover major accident hazards, and that activity shall be deemed to have commenced on the date on which the modification was made.

b.

an " existing industrial activity " means an industrial activity which is not a new industrial activity.

Rule (7) NOTIFICATION OF SITES

Rule 7 (1) an occupier shall not undertake any industrial activity unless he has submitted a written report to the concerned authority containing the particulars specified in the Schedule 7 at least 3 months before commencing that activity or before such shorter time as the concerned authority may agree and for the purpose of this paragraph, an activity in which subsequently there is or is liable to be a threshold quantity or more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified accordingly.

Rule 7 (2) : No report under sub-rule (1) need to be submitted by the occupier if he submits a report under rule 10 (1).

Rule (8) : UPDATING OF THE SITE NOTIFICATION FOLLOWING CHANGES IN THE THRESHOLD QUALITY

Where an activity has been reported in accordance with rule 7(1) and the occupier makes a change in it (including an increase or decrease in the maximum threshold quantity of a hazardous chemical to which this rule applies which is or is liable to be at the site or in the pipeline or at the cessation of the activity) which affects the particulars specified in that report or any subsequent report made under this rule, the occupier shall forthwith furnish a further report to the concerned authority.

Rule (9) : TRANSITIONAL PROVISION

Where ----

a.

at the date of coming into operation of these rules, an occupier is in control of an existing industrial activity which is required to be reported under rule 7(1); or

b.

within 6 months after that date an occupier commences any such new industrial activity;

It shall be a sufficient compliance with that rule if he reports to the concerned authority as per the particulars in schedule 7 within 3 months after the date of coming into operation of these rules or within such longer times as the concerned authority may agree in writing.

Rule 10 : SAFETY REPORTS

Rule 10 (1) : an occupier shall not undertake any industrial activity to which this rules applies, unless he has prepared a safety report on that industrial activity containing the information specified in Schedule 8 and has sent a copy of that report to the concerned authority at least ninety days before commencing that activity.

Rule 10 (2) : In the case of a new industrial activity which an occupier commences, or by virtue of sub-rule (2) (a) (ii) of rule 6 is deemed to commence, within 6 months after coming into operation of these rules, it shall be a sufficient compliance with sub-rule (I) of this rule if the occupier sends to the concerned authority a copy of the report required in accordance with that sub-rule within ninety days after the date of coming into operation of these rules.

Rule 10 (3) : In the case of an existing industrial activity, until five years from the date of coming into operation of these rules, it shall be sufficient compliance with sub-rule (1) of this rule if the occupier on or before ninety days from the date of coming into operation of these rules sends to the concerned authority the information specified in Schedule 7 relating to that activity.

Rule 11 : UPDATING OF REPORTS UNDER RULE 10

Where an occupier has made a safety report in accordance with sub-rule (1) of rule 10 he shall not make any modification to the industrial activity to which that safety report relates which could materially affect the particulars in that report,unless he has made a further report to take account of those modifications and has sent a copy of that report to the concerned authority at least 90 days before making those modifications.

Rule 11 (2) : Where an occupier has made a report in accordance with rule 10 and sub-rule (1) of this rule and that industrial activity is continuing, the occupier shall within three years of the date of the last such report, make a further report which shall have regard in particular to new technical knowledge which has affected the particulars in the previous report relating to safety and hazard assessment and shall within 30 days or in such longer time as the concerned authority may agree in writing, send a copy of the report to the concerned authority.

Rule 12 : REQUIREMENTS FOR FURTHER INFORMATION

Rule 12 (1) : Where, in accordance with rule 10, an occupier has sent a safety report relating to an industrial activity to the concerned authority, the concerned authority may, by a notice served on the occupier, requires him to provide such additional information as is specified in the notice and the occupier shall send that information to the concerned authority within such time as is specified in the notice and the occupier shall send that information to the concerned authority within such time as is specified in the notice or within such extended time as the authority may subsequently specify.

Rule 13 : PREPARATION OF ON-SITE EMERGENCY PLAN BY THE OCCUPIER

Rule 13 (1) : An occupier shall prepare and keep up-to-date an on-site emergency plan detailing how major accidents will be dealt with on the site on which the industrial activity is carried on and that plan shall include the name of the person who is responsible for safety on the site and the names of those who are authorised to take action in accordance with the plan in case an emergency.

Rule 13 (2) : The occupier shall ensure that the emergency plan prepared in accordance with sub-rule (1), takes into account any modification made in the industrial activity and that every person on the site who is affected by the plan is informed of its relevant provision.

Rule 13 (3) : The occupier shall prepare the emergency plan required under sub-rule (1), --

a. in the case of a new industrial activity, before that activity is commenced;

b. in the case of an existing industrial activity within 90 days of coming into operation of these rules.

Rule 14 : PREPARATION OF OFF-SITE EMERGENCY PLANS BY THE AUTHORITY

Rule 14 (1) : It shall be the duty of the concerned authority as identified in Column 2 of Schedule 5 to prepare and keep up-to-date an adequate off-site emergency plan detailing how emergencies relating to a possible major accident on that site will be dealt with and in preparing that plan the concerned authority shall consult the occupier, and such other persons as it may deem necessary.

Rule 14 (2) : For the purpose of enabling the concerned authority to prepare the emergency plan required under sub-rule (1), the occupier shall provide the concerned authority with such information relating to the industrial activity under his control as the concerned authority may require, including the nature, extent and likely effect off-site of possible major accidents and the authority shall provide the occupier with any information from the off-site emergency plan which relates to his duties under rule 13.

Rule 14 (3) : The concerned authority shall prepare its emergency plan required under sub-rule (1) -

a.

In the case of a new industrial activity, before that activity is commenced.

b.

In the case of an existing industrial activity, within six months of coming into operation of these rules.

Rule 15 : INFORMATION TO BE GIVEN TO PERSON LIABLE TO BE AFFECTED BY A MAJOR ACCIDENT

Rule 15 (1) : The occupier shall take appropriate steps to inform person outside the site either directly or through District Emergency Authority who are likely to be in an area which may be affected by a major accident about ----

a. the nature of the major accident hazard; and

b. the safety measures and the 'Dos' and 'Dnts' which should be adopted in the event of a major accident.

Rule 15 (2) : The occupier shall take the steps required under sub-rule (1) to inform persons about an industrial activity, before that activity is commenced, except, in the case of an existing industrial activity in which case the occupier shall comply with the requirements of sub-rule (1) within 90 days of coming into operation of these rules.

Rule 16 : DISCLOSES OF INFORMATION

Rule 16 (1) : Where for the purpose of evaluating information notified under rule 5 or 7 to 15, the concerned authority discloses that information to some other person, that other person shall not use that information for any purpose except for the purpose of the concerned authority disclosing it, and before disclosing the information the concerned authority shall inform that other person of his obligations under this paragraph.

Rule 17 : COLLECTION, DEVELOPMENT AND DISSEMINATION OF INFORMATION

Rule 17 (1) : This rule shall apply to an industrial activity in which a hazardous chemical which satisfies any of the criteria laid down in part 1 of Schedule 1 and is listed in Column 2 of Part II of this schedule is or may be involved.

Rule 17 (2) : An occupier, who has control of an industrial activity in term of sub-rule 1 of this rule, shall arrange to obtain or develop information in the form of safety data sheet as specified in Schedule 9. The information shall be accessible upon request for reference.

Rule 17 (3) : The occupier while obtaining or developing a safety data sheet as specified in Schedule 9 in respect of a hazardous chemical handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination. In case, any significant information regarding hazard of a chemical is available, it shall be added to the material safety data sheet as specified in Schedule 9 as soon as practicable.

Rule 17 (4) : Every container of a hazardous chemical shall be clearly labelled or marked to identify --

a. The contents of the container;

b. The name and address of the manufacturer or importer of the hazardous chemical;

c. The physical, chemical and toxicological data as per the criteria given at Part I of schedule 1.

ule 17 (5) : In terms of sub-rule 4 of this rule where it is impractical to label a chemical in view of the size of the container or the nature of the package, provision should be made for other effective means like tagging or accompanying documents.

Rule 18 : IMPORT OF HAZARDOUS CHEMICALS

Rule 18 (1) : This rule shall apply to a chemical which satisfies any of the criteria laid down in Part I of Schedule 1 and is listed in column 2 of Part II of this Schedule.

Rule 18 (2) : Any person responsible for importing hazardous chemicals in India shall provide at the time of import or within thirty days from the date of import to the concerned authorities as identified in Column 2 of Schedule 5 of the information pertaining to ---

i. the name and address of the person receiving the consignment in India;

ii. the port of entry in India;

iii. mode of transport from the exporting country to India;

iv. the quantity of chemical(s) being imported; and

v. complete product safety information.

Rule 18 (3) : If the concerned authority at the State is satisfied that the chemical being imported is likely to cause major accident, it may direct the importer to take such steps including spage of such imports as the concerned authority at the State may deem it appropriate.

Rule 18 (4 ) : The concerned authority at the State shall simultaneously inform the concerned Port Authority to take appropriate steps regarding safe handling and storage of hazardous chemicals while off-loading the consignment within the port premises.

Rule 18 (5) : Any person importing hazardous chemicals shall maintain the records of the hazardous chemicals imported as specified in Schedule 10 and the records so maintained shall be open for inspection by the concerned authority at the State or the Ministry of Environment and Forests or any officer appointed by them in this behalf.

Rule 18 (6) : The importer of the hazardous chemical or a person working on his behalf shall ensure that transport of hazardous chemicals from port of entry to the ultimate destination is in accordance with the Central Motor Vehicles Rules, 1989 framed under the provision of the Motor Vehicles Act, 1988.

Rule 19 : IMPROVEMENT NOTICES

Rule 19 (1) : If the concerned authority is of the opinion that a person has contravened the provisions of these rules, the concerned authority shall serve on him a notice (in this para referred to as " an improvement notice " ) requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period as may be specified in the notice.

Rule 19 (2) : A notice served under sub-rule (1) shall clearly specify the measures to be taken by the occupier in remedying said contravention.

Rule 20 : POWER OF THE CENTRAL GOVERNMENT TO MODIFY THE SCHEDULE

The Central Government may, at any time, by notification in the Official Gazette, make suitable changes in the Schedules.