MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES, 1989

 

S.O.966(E), - In exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules, namely :-


1. Short title and commencement

  1. These rules may be called the Manufacture, Storage and Import of hazardousChemical Rules, 1989.

  2. They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

In these rules, unless the context otherwise requires -

  1. "Act" means the Environment (Protection) Act, 1986 (29 of 1986);

  2. "Authority" means an authority mentioned in Column 2 of Schedule 5;

  3. "export" with its grammatical variations and cognate expression, means taking out of India to a place outside India;

  4. "exporter" means any person under the jurisidiction of the exporting country and includes the exporting country, who exports hazardous chemical;

  5. "hazardous chemical" means, -

    1. any chemical which satisfies any of the criterial laid down in Part I of Schedule 1 and is listed in Column 2 of Part II of this Schedule;

    2. any chemical listed in Column 2 of Schedule 2;

    3. any chemical listed in Column 2 of Schedule 3;

  6. "import", with it grammatical variations and cognate expression, means bringing into India from a place outside India;

  7. "importer" means an occupier or any person who imports hazardous chemicals;

  8. "industrial activity" means, -

    1. an operation or process carried out in 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

    2. isolated storage; or

    3. pipeline;

  9. "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;

  10. "major accident" means an occurrence including any particular major emission fire or explosion involving one or more lhazardous 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 environments;

  11. "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;

  12. "Schedule" means Schedule appended to these rules;

  13. "Site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used disposed of and includes the whole of an area under the control of an occupier and includes pier, jetty or similar structure whether floating or not;

  14. "Threshold quantity" means, -

    1. 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 & 4 of that part;

    2. in the case of a hazardous chemical specified in Column 2 of Part 1 of Schedule 3, the quantity of that chemical specified in the correspond ing entry in Columns 3 & 4 of that part;

    3. in the case of substances of a class specified in Column 2 of Part II of Scheduled 3, the total quantity of all substances of that class specified in the corresponding entry in Column 3 & 4 of that Part.

3. Duties of Authorities

The concerned Authority shall -

  1. inspect the industrial activity at least once in a calendar year:

  2. except where such authority is the Ministry of Environment & Forests, annually report on the compliance of the rules by the occupiers to the Ministry of Environment and Forests through appropriate channel.

  3. subject to the other provisions of these rules, perform the duties specified in column 3 of Schedule 5.

4. General responsibility of the occupier during industrial activity

  1. This rules shall apply to, -

    1. an industrial activity in which a hazardous chemical, 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 is or may be involved; and

    2. 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 for that chemical in column 3 thereof.

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

    1. identified the major accident hazards; and

    2. taken adequate steps to -

      1. prevent such major accidents and to limited their consequences to persons and the environment;

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

5. Notification of Major accident

  1. Where a major accident occurs on a site or in a pipeline the occupier shall with in 48 hours notify the concerned authority as identified in Schedule 5 of that accident, and furnish there after to the concerned authority a report relating to the accidents in instalments, if necessary, in schedule 6.

  2. The concerned authority shall on receipt of the report in accordance with sub-rule 1 of this rule, shall undertake a full analysis of the major accident and send the requisite information with in 90 days to the Ministry of Environment & Forest through appropriate channel.

  3. An occupier shall notify to the concerned Authority, steps taken to avoid any repetition of such occurrence on a site:

  4. The concerned Authority shall compile information regarding major accidents and make available a copy of the same to the Ministry of Environment and Forest through appropriate channel.

  5. The concerned Authority shall in writing inform the occupier, of any lacunae which in its opinion needs to be rectified to avoid major accidents.

6. Industrial activity to which rules 7 to 15 apply

  1. Rules 7 to 15 shall apply to,-

    1. an industrial activity in which there involved a quantity of a hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more that the quantity specified in the entry for that chemical in Columns 3 & 4 (Rules 10-12 only for Column 4) and (b) isolated storage in which there is involved a quantity of a hazardous chemical listed in Column 2 of Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in Column 1.

  2. For the purposes of rules 7 to 15 -

    1. "new industrial activity" means an industrial activity which -

      1. commence after the date of coming into operation of these rules; or

      2. 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;

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

    7. Notification of sites

    1. An occupier shall not undertake any indus trial activity unless he has been granted an appro- val for undertaking such an activity and has sub- mitted a written report to the concerned authority containing the particulars specified in Schedule 7 atleast 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 quantityor more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified accordingly.

    2. The concerned Authority within 60 days from the date of receipt of the report, shall approve the report submitted and on consideration of the report if it is of the opinion that contravention of the provisions of the Act or the rules made thereunder has taken place, it shall issue notice under rule 19.

    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.

    9. Transitional provision

    Where, -

    1. 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

    2. 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 time as the concerned authority may agree in writing.

    10. Safety reports

    1. Subject to the following paragraphs of this rule, an occupier shall not undertake any ind ustrial activity to which this rule 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.

    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, is 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.

    3. In case of an existing industrial activity, the occupier shall prepare a safety report in consultation with the concerned authority and submit the same within one year from the date of the commencement of the Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules, 1994, to the concerned Authority.

    4. After the commencement of the Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules, 1994, the occupiers of both the new and the existing industrial activities shall carry out an independent safety audit of the respective industrial activities with the help of an expert, not associated with such industrial activities.

    5. The occupier shall forward a copy of the auditor's report along with his comments, to the concerned Authority within 30 days after the completion of such audit.

    6. The occupier shall update the safety audit report once a year by conducting a fresh safety audit and forward a copy of it with his comments thereon within 30 days to the concerned Authority.

    7. The concerned authority may if it deems fit, issue improvement notice under rule 19 within 45 days of the submission of the said report.

    11. Updating of reports under Rule 10

    1. 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.

    2. Where an occupier has made a report in accordance with rule 10 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 send a copy of the report to the concerned authority.

    12. Requirement for further information to be sent to the Authority

    Where in accordance with rule 10 an occupier has sent a safety report and the safety audit report relating to an industrial activity to the concerned Authority, the concerned Authority may, by a notice served on the occupier, require him to provide such additional information as may be specified in the notice and the occupier shall send that information to the concerned Authority within 90 days.

    13. Preparation of on-site emergency plan by the occupier

    1. An occupier shall prepare and keep up to-date an on-site emergency plan containing details specified in Schedule 11 and 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 of an emergency.

    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.

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

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

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

    4. The occupier shall ensure that a mock drill of the on-site emergency plan is conducted every six months;

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

    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 containing particulars specified in schedule 12 and 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.

    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 accident and the authority shall provide the occupier with any information from the off-site emergency plan which relates to his duties under rule 13.

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

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

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

     

    14. (4) The concerned authority shall ensure that a rehersal of the off-site emergency plan, is conducted at least once in a calender year.

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

    1. The occupier shall take appropriate steps to inform person outside the site either directly or through Dist rict Emergency Authority who are likely to be in an area which may be affected by a major accident about -

      1. the nature of the major accident hazard; and

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

    2. The occupier shall take the steps required under sub-rule (1) to inform person 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 subrule (1) within 90 days of coming into operation of these rules.

    16. Disclosures of information

    1. Where for the purpose of evaluating information notified under rule 5 or 7 to 15, the concerned authority disclose 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 autho rity shall inform that other person of his obligations under this paragraph.

    17. Collection, Development and Dissemination of Information

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

    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 date sheet as specified in Schedule 9. The information shall be accessible upon request for reference.

    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 date sheet as specified in Schedule 9 as soon as practicable.

    4. Every container of a hazardous chemical shall be clearly labelled or marked to identify-

      1. The contents of the container;

      2. the name and adress of the manufacturer or importer of the hazardous chemical;

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

    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.

    18. Import of hazardous chemicals

    1. This rule shall apply to a chemical which satisfies any of the criterial laid down in Part I of Schedule 1 and is listed in column 2 of Part II of this Schedule.

    2. Any person responsible for importing hazardous chemicals in India shall provide before thirty days or as reasonably possible but not later than the date of import to the concerned authorities as identified in Column 2 of Schedule 5 the information pertaining to-

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

      2. the port of entry in India;

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

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

      5. Complete product safety information.

    3. If the concerned authority of the State is satisfied that the chemical being imported is likely to cause major accident, it may direct the importer to take such safety measures as the concerned authority of the state may deem appropriate.

      (3 A) In the case the concerned Authority of the State is of the opinion that the lchemical should not be imported on safety or on environmental considerations, such Authority may direct stoppage of such import.

    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 safe handling and storage of hazardous chemicals while off-loading the consignment within the port premises.

    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.

    6. The improper of the hazardous chemical or 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.

    19. Improvement notices

    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) requir ing that person to remedy the contravention or, as the case may be, the matters occasioning it within 45 days.

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

    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.

    SCHEDULE 1

    PART I

    1. Toxic Chemicals: Chemicals having the following values of acute toxicity and which owing to their physical and chemical properties, are capable of producing major accident hazards:

      Sl.No. Degree of Medium lethal Medium lethal Medium
      Toxicity dose by the dose by the lethal
      oral route dermal route concentr-
      toxicity) (dermal LD50 ation by
      LD50 (mg/kg body weight inhalation
      body weight of test route(Four
      of test ani- animals) hours)LC50
      mals) (mg/1 inh-
      alation in
      test ani-
      mals)
      ___________________________________________________________
      1. Extremely 1-50 1-200 0.1 - 0.5
      toxic


      2. Highly 51-500 201-2000 0.5 - 2.0
      toxic
      __________________________________________________________

    2. Flammable Chemicals:

      1. flammable gases ; chemicals which in the gascous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 C or below;

      2. Highly flammable liquids; chemicals which have a flash point lower than 23 C and the boiling point of which at normal pressure is above 20 C;

      3. flammable liquids: chemicals which have a flash point lower than 65 C and which remain liquids under pressure, where particular processing conditions, such as high pressure and high temperature, may create major accident hazards.

    3. Explosives: chemicals which may explode under the effect of flame, heat or photo-chemical conditions or which are more sensitive to shocks or friction than dinitrobenzene.

    PART II LIST OF HAZARDOUS AND TOXIC CHEMICALS __________________________________________________________

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    Sl.No. Name of the Chemical
    1. 2.
    1. Acetone
    2. Acetone Cyanohydrine
    3. Acetyl Chloride
    4. Acetylene (Ethyne)
    5. Acrolein (2-Propenal)
    6. Acrylonitrile
    7. Aldicarb
    8. Aldrin
    9. Alkyl Phthalate
    10. Allyl Alcohol
    11. Allylamine
    12. Alpha Naphthyl Thiourea (Autu)
    13. Aminodiphenyl, -4
    14. Aminophenol-2
    15. Amiton
    16. Ammonia
    17. Ammonium Nitrate
    18. Ammonium Nitrates in fertilizers
    19. Ammonium Sulfamate
    20. Anabasine
    21. Aniline
    22. Anisidine-p
    23. Antimony and Compounds
    24. Antimony Hydride (Stibine)
    25. Arsenic Hydride (Arsine)
    26. Arsenic Pentoxide, (Arsenic)(v) Acid and Salts
    27. Arsenic Trioxide, Arsenious (iii) Acids and Salts
    28. Asbestos
    29. Azinphos-Ethyl
    30. Azinphos-Methyl
    31. Barium Azide
    32. Benzene
    33. Benzidine
    34. Benzidine Salts
    35. Benzoquinone
    36. Benzoyl Chloride
    37. Benzoyl Peroxide
    38. Benzyl Chloride
    39. Benzyl Cyanide
    40. Beryllium (Powders, Compunds)
    41. Biphenyl
    42. Bis (2-Chloromethyl) Ketone
    43. Bis (2, 4, 6-Trinitrophenyl) Amine
    44. Bis (2-Chloroethyl) Sulphide
    45. Bis (Chloromethyl) ketone
    46. Bis (tert-Butylperoxy) Butane, -2, 2
    47. Bis (tert-Butylperoxy) Cyclohexane, 11,
    48. Bis, 1, 2 Tribromophenoxy-Ethane
    49. Bisphenol
    50. Boron and Compunds
    51. Bromine
    52. Bromine Pentafluoride
    53. Bromoform
    54. Butadiene-1, 3
    55. Butane
    57. Butanone-2
    58. Butoxy Ethanol
    59. ButylGlycidal Ether
    60. Butyl Peroxyacetate, tert
    61. Butyl peroxyisobutyrate, tert
    62. Butyl peroxy isopropye carbonate, tert
    63. Butyl Peroxymaleate, tert
    64. Butyl Peroxypivalate, -tert
    65. Butyl vinyl Ether
    66. Butyl-n-Mercaptan
    67. Butylamine
    68. C 9-Aromatic Hydrocarbon Fraction
    69. Cadmium and Compounds
    70. Cadmium Oxide (fumes)
    71. Calcium Cyanide
    72. Captan
    73. Captofol
    74. Carbaryl (Sevin)
    75. Carbofuran
    76. Carbon Disulphide
    77. Carbon Monoxide
    78. Carbon Tetrachloride
    79. Carbophenothion
    80. Cellulose Nitrate
    81. Chlorates (used in explosives)
    82. Chlordane
    83. Chlorfenvinphos
    84. Chlorinated Benzenes
    85. Chlorine
    86. Chlorine Dioxide
    87. Chlorine Oxide
    88. Chlorine Trifluoride
    89. Chlormequat Chloride
    90. Chloroacetal Chloride
    91. Chloroacetaldehyde
    92. Chloroaniline, -2
    93. Chloroaniline, -4
    94. Chlorobenzene
    95. Chlorodiphenyl
    96. Chloroepoxypropane
    97. Chloroethanol
    98. Chloroethyl Chloroformate
    99. Chlorofluorocarbons
    100. Chloroform
    101. Chloroformyl, -4, Morpholine
    102. Chloromethane
    103. Chloromethyl Ether
    104. Chloromethyl Methyl Ether
    105. Chloronitrobenzene
    106. Chloroprene
    107. Chlorosulphonic Acid
    108. Chlorotrinitrobenzene
    109. Chloroxuron
    110. Chromium and Compounds
    111. Cobalt and Compounds
    112. Copper and Compounds
    113. Coumafuryl
    114. Comaphos
    115. Coumatetralyl
    116. Cresols
    117. Crimidine
    118. Cumene
    119. Cyanophos
    120. Cyanothoate
    121. Cyanuric Fluoride
    122. Cyclohexane
    123. Cyclohexanol
    124. Cyclohexanone
    125. Cycloheximide
    126. Cyclopentadiene
    127. Cyclopentane
    128. Cyclotetramethylentetranitramine
    129. Cyclotrimethylene Trinitramine
    130. DDT
    131. Decabromodiphenyl Oxide
    132. Demeton
    133. Di-Isobutyl Peroxide
    134. Di-n-propyl Peroxydicarbonate
    135. Di-sec-Butyl Peroxydicarbonate
    136. Dialifos
    137. Diazodinitrophenol
    138. Diazomethane
    139. Dibenzyl Peroxydicarbonate
    140. Dichloroacetylene-O
    141. Dichloroobenzene-O
    142. Dichlorobenzene-P
    143. Dichloroethane
    144. Dichloroethyl Ether
    145. Dichlorophenol, -2, 4
    146. Dichlorophenol, -2, 6
    147. Dichlorophenoxy Acetic Acid, -2, 4(2, 4-D)
    148. Dichloropropane, -1,2
    149. Dichlorosalicylic Acid, -3, 5
    150. Dichlorvos (DDVP)
    151. Dicrotophos
    152. Dieldrin
    153. Diepoxybutane
    154. Diethyl Peroxydicarbonate
    155. Diethylene Glycol Dinitrate
    156. Diethylene Triamine
    157. Diethyleneglycol Butyl Ether/Diethyleneglycol
    Butyl Acetate
    158. Diethylenetriamine (DETA)
    159. Diglycidyl Either
    160. Dithydroperoxypropane, -2, 2
    161. Di-isobutyryl Peroxide
    162. Dimefox
    163. Dimethoate
    164. Dimethyl Phosphoramidocyanidic Acid
    165. Dimethyl Phthalate
    166. Dimethylcarbomyl
    167. Dimethylnitrosamine
    168. Dinitrophenol, Salts
    169. Dinitrotoluene
    170. Dintro-o-Cresol
    171. Dioxane
    172. Dioxathion
    173. Dioxolane
    174. Diphacinone
    175. Diphosphoramide Octamethyl
    176. Dipropylene Glycolmethylether
    177. Disulfoton
    178. Endosulfan
    179. Endrin
    180. Epichlorohydrine
    181. EPN
    182. Epoxypropane, 1, 2
    183. Ethion
    184. Ethyl Carbamate
    185. Ethyl Ether
    186. Ethyl Hexanol,-2
    187. Ethyl Mercaptan
    188. Ethyl Methacrylate
    189. Ethyl Nitrate
    190. Ethylamine
    191. Ethylene
    192. Ethylene Chlorohydrine
    193. Ethylene Diamine
    194. Ethylene Dibromide
    195. Ethylene Dichloride
    196. Ethylene Glycol Dinitrate
    197. Ethylene Oxide
    198. Ethyleneimine
    199. Ethylthiocyanate
    200. Fensulphothion
    201. Fluenetil
    202. Fluoro,-4, -2-Hydroxybutyrix Acid and Salts
    Esters, Amides
    203. Fluoracetic Acid and Salts, Esters, Amides
    204. Fluorobutyric Acid, -4, and Salts,
    Esters, Amides
    205. Fluorocortonic Acid, -4, Salts, Esters,
    Amides
    206. Formaldehyde
    207. Glyconitrile (Hydroxyacetonitrile)
    208. Guanyl,-1, -4-Nitrosaminoguanyl-1-Tetrazene
    209. Heptachlor
    210. Hexachloro Cyclopentadiene
    211. Hexachlorocyclohexane
    212. Hexachlorocyclomethane
    213. Hexachlorodibenzo-p-Dioxin, 1,2,3,7,8,9
    214. Hexafluoropropene
    215. Hexamethylphosphoramide
    216. Hexamethyl, -3, 3, 6, 9, 9-1, 2, 4,
    5-Tetraoxacyclononane
    217. Hexamethylendiamine
    218. Hexane
    219. Hexanitrostilbene, -2, 2, 4, 4, 6, 6
    220. Hexavalent Chromium
    221. Hydrazine
    222. Hydrazine Nitrate
    223. Hydrochloric Acid
    224. Hydrogen
    225. Hydrogen Bromide (Hydrobromic Acid)
    226. Hydrogen Chloride (Liquified Gas)
    227. Hydrogen Cyanide
    228. Hydrogen Fluoride
    229. Hydrogen Selenide
    230. Hydrogen Sulphide
    231. Hydroquinone
    232. Iodine
    233. Isobenzan
    234. Isodrin
    235. Isophorone Diissocyanate
    236. Isopropyl Ether
    237. Juglone (5-Hydroxynaphthalene-1, 4-Dione)
    238. Lead (inorganic fumes & dusts)
    239. Lead 2, 4, 6-Trinitroresorcinoxide (Lead Styphnate)
    240. Lead Azide
    241. Leptophos
    242. Lindane
    243. Liquified Petroleum Gas (LPG)
    244. Maleic Anhydride
    245. Managanese & Compounds
    246. Mercapto Benzothiazole
    247. Mercury Alkyl
    248. Mercury Fulminate
    249. Mercury Methyl
    250. Methacrylic Anhydride
    251. Methacrylonitrile
    252. Methacryloyl Chloride
    253. Methamidophos
    254. Methanesuphonyl Fluoride
    255. Methanthiol
    256. Methoxy Ethanol (2-Methyl Cellosolve)
    257. Methoxycthylmercuric Acetate
    258. Methyl Acrylate
    269. Methyl Alcohol
    260. Methyl Amylketone
    261. Methyl Bromide (Bromomethane)
    262. Methyl Chloride
    263. Methyl Chloroform
    264. Methyl Cyclohexene
    265. Methyl ethyl Ketone Peroxide
    266. Methyl Hydrazine
    267. Methyl Isobutyl Ketone
    268. Methyl Isobutyl Ketone Peroxide
    269. Methyl Isocyanate
    270. Methyl Isothiocyanate
    271. Methyl Mercaptan
    272. Methyl Methacrylate
    273. Methyl Parathion
    274. Methyl Phosphonic Dichloride
    275. Mehtyl-N, 2, 4, 6-Tetranitroaniline
    276. Methylene Chloride
    277. Methylenebis, -4, 4, (2, -chloroanilne)
    278. Methyltrichlorosilane
    279. Mevinphos
    280. Molybdenum & Compounds
    281. N-Methyl-N, 2, 4, 6-Tetranitroanaline
    282. Naphtha (Coal Tar)
    283. Naphtylamine, 2
    284. Nickel & Compounds
    285. Nickel Tetracarbonyl
    286. Nitroaniline-O
    287. Nitroaniline-P
    288. Nitrobenzene
    289. Nitrochlorobenzene-P
    290. Nitrocyclohexane
    291. Nitroethane
    292. Nitrogen Dioxide
    293. Nitrogen Oxides
    294. Nitrogen Trifluoride
    295. Nitroglycerine
    296. Nitrophenol-P
    297. Nitropropane-1
    298. Nitropropane-2
    299. Nitrosodimethylamine
    300. Nitrotoluene
    301. Octabromophenyl Oxide
    302. Oleum
    303. Oleylamine
    304. OO-Diethyl S-Ethysulphonlmethyl
    305. OO-Diethyl S-Ethylsulphonylmethyl
    Phosphorothioate
    306. OO-Diethyl S-Ethylthiomethyl Phosphe rothioate
    307. OO-Diethyl S-Isopropylthiomethyl
    Phosphorodithioate
    308. OO-Diethyl S-propylthiomethyl
    Phophorodithioate
    309. Oxyamyl
    310. Oxydisulfoton
    311. Oxygen (liquid)
    312. Oxygen Difluoride
    313. Ozone
    314. Paroxon (diethyl 4-Nitrophenyl Phosphate)
    315. Paraquat
    316. Parathion
    317. Parathion Methyl
    318. Paris green (Bis Aceto Hexametarsen ito
    Tetracopper)
    319. pentaborane
    320. Pentabromodiphenyl Oxide
    321. Pentabromophenol
    322. Pentachloro Naphthalene
    323. Pentachloroethane
    324. Pentachlorophenol
    325. Pentaerythritol Tetranitrate
    326. Pentane
    327. Peracetic Acid
    328. Perchloroethylene
    329. Perchloromethyl Mercaptan
    330. Petanone, 2, 4-Methyl
    331. Phenol
    332. Phenyl Glycidal Ether
    333. Phenylene p-Diamine
    334. Phenylmercury Acetate
    335. Phorate
    336. Phosacetim
    337. Phosalone
    338. Phosfolan
    339. Phosgene (carbonyl chloride)
    340. Phosmet
    341. Phosphamidon
    342. Phosphine (Hydrogen Phosphide)
    343. Phosphoric Acid and Esters
    344. Phosphoric Acid, Bromoethyl Bromo
    (2, 2-Dimethylpropyl) Bromoethyl Ester
    345. Phosphoric Acid, Bromoethyl Bromo
    (2,2-Dimethylpropyl) Chloroethyl Ester
    346. Phosphoric Acid Chloroethyl Bromo
    (2,2-Dimethoxylpropyl Chloroethylester)

    347. Phosphorous & Compounds
    348. Phostalan
    349. Picric Acid (2,4, 6-Trinitrophenol)
    350. Polybrominated Biphenyls
    351. Potassium Arsenite
    352. Potassium Chlorate
    353. Promurit (1-(3, 4-Dichlorophenyl)-
    3 Triazenethiocarboxamide)
    354. Propanesultone-1, 3
    355. Propen-1, -2-Chloro-1, 3-Diol-Diacetate
    356. Propylene Oixde
    357. Propyleneimine
    358. Pryazoxon
    359. Selenium Hexafluoride
    360. Semicarbazide Hydrochloride
    361. Sodium Arsenite
    362. Sodium Azide
    363. Sodium Chlorate
    364. Sodium Cyanide
    365. Sodium Picramate
    366. Sodium Selenite
    367. Styrene, 1, 1, 3, 2-Tetrachloroethane
    368. Sulfotep
    369. Sulphur dichloride
    370. Sulphur Dioxide
    371. Sulphur Trioxide
    372. Sulphuric Acid
    373. Sulphoxide, 3-Chloropropyloctyl
    374. Tellurium
    375. Tellurium Hexafluoride
    376. Tepp
    377. Terbufos
    378. Tetrabromobisphenol-A
    379. Tetrachloro, 2, 2, 5,6,2, 5-Cyclohexadiene-1,
    4-Dione
    380. Tetrachlorodibenzo-p Dloxin, 2,3,7,8 (TCDD)
    381. Tetraethyl Lead
    382. Tetrafluoroethane
    383. Tetramethylenedisulphotetramine
    384. Tetramethyl Lead
    385. Tetranitromethane
    386. Thallium & Compounds
    387. Thionazin
    388. Thionazin
    389. Thinoyl Chloride
    389. Tirpate
    390. Toluene
    391. Toluene-2-4-Diicocyanate
    392. Toluidine-O
    393. Toluene 2,6-Diisocyanate
    394. Trans-1, 4-Chlorobutene
    395. Tri-1 (cyclohexyl) Stannyl-1H-1, 2, 4-Trazole
    396. Triamino, -1, 3, 5, 2, 4, 6-Trintroxenzene
    397. Tribromophenol, 2, 4, 6
    398. Trichloro Acetyl Chloride
    399. Trichloro Ethane
    400. Trichloro Napthalene
    401. Trichloro (Chloromethyl) Silane
    402. Trichlorodichlorophenylsilane
    403. Trichloroethane, 1,1, 1
    404. Trichlorethyl Silane
    405. Trichloroethylene
    406. Trichloromethanesulphenyl Chloride
    407. Trichlorophenol, 2, 2, 6
    408. Trichloropnenol, 2, 4, 5
    409. Triethylamine
    410. Triethylenemelamine
    411. Trimethyl Chlorosilane
    412. Trimethylopropane Phosphite
    413. Trinitroaniline
    414. Trinitroanisole, 2, 2, 4, 6
    415. Trinitrobenzene
    416. Trinitrobenzoic Acid
    417. Trinitrocresol
    418. Trinitrophenetole, 2, 5, 6
    419. Trinitroresorcinol, 2,4,6 (Styphnic Acid)
    420. Trintrotoluene
    421. Triothocresyl Phosphate
    422. Triphenyltin Chloride
    423. Turpentine
    424. Uranium & Compounds
    425. Vanadium & Compounds
    426. Vinyl Chloride
    427. Vinyl Fluoride
    428. Vinyl Toluene
    429. Warfarin
    430. Xylene
    431. Xylidine
    432. Zinc & Compounds
    433. Zirconium & Compounds

    SCHEDULE 2

    [See rule 2(e)(II), 4(1)(b), 4(2) AND 6(1)(b)] __________________________________________________________

    1. The threshold quantities set out below relate to each installation or group of installations belonging to the same occupier where the distrance between installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major accident hazards. These threshold quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.

    2. For the purpose of determining the threshold quantity of a hazardous chemical at an isolated storage, account shall also be taken of any hazardous chemical which is:-

      1. in that part of any pipeline under the control of the occupier having control of the site, which is withing 500 metres of that site and connected to it;

      2. at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site; and

      3. in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

        But no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hoveraft used for transporting it.

    ___________________________________________________________
    Sl.No. Chemicals Threshold Quantities (tonnes)





    2. 3. 4.


    1. Acrylonitrile 350.000 5,000.000
    2. Ammonia 60.000 600.000
    3. Ammonium nitrate (a) 350.000 2,500.000
    4. Ammonium nitrate 1,250.000 10,000.000
    fertilizers (b)
    5. Chlorine 10.000 25.000
    6. Flammable gases as 50.000 3,000.000
    defined in Schedule 1,
    paragraph (b) (i)
    7. Highly flammable 10,000.000 10,000.000
    liquids as defined
    in Schedule 1, para-
    graph (b)(ii)
    8. Liquid oxygen 200.000 2,000.000
    9. Sodium chlorate 25.000 250.000
    10. Sulphur dioxide 20.000 500.000
    11. Sulphur trioxide 15.000 100.000
    12. Carbonyl chloride 0.750 0.750
    13. Hydrogen Sulphide 5.000 50.000
    14. Hydrogen fluoride 5.000 50.000
    15. Hydrogen cyanide 5.000 20.000
    16. Carbon disulphide 20.000 200.000
    17. Bromine 50.000 500.000
    18. Ethylene oxide 5.000 501.000
    19. Propylene oxide 5.000 50.000
    20. 2-Propenal (Acrolein) 20.000 200.000
    21. Bromomethane (Methyl 20.000 200.000
    bromide)
    22. Methyl isocyanate 0.150 0.150
    23. Tetraethy lead or 5.000 50.000
    tetramethyl lead
    24. 1,2 Dibromoethane 5.000 50.000
    (Ethylene dibromide)
    25. Hydrogen chloride 25.000 250.000
    (liquified gas)

    26. Diphenyl methane 20.000 200.000
    di-isocyanate (MDI)
    27. Toluene di-isoscyanate 10.000 100.000
    (TDI)

    1. This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content dervied from the ammonium nitrate is greater than 28 per cent by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater then 90 per cent by weight.

    2. This applies to straight ammonium nitrate fertilizer and to compound fertilizers where the nitrogen content dervied from the ammonium nitrate is greater than 28 per cent by weight (a compound-fertilizer contains ammonium nitrate together with phosphate and/or potash).

    SCHEDULE 11

    " (See rule 13 (1)" DETAILS TO BE FURNISHED IN THE ON-SITE EMERGENCY PLAN

    1. Name and address of the person furnishing the information

    2. Key personnel of the organisation and responsibilities assigned to them in case of an emergency.

    3. Outside organisations if involved in assisting during on-site emergency (a) Type of accidents (b) Responsibility assigned

    4. Details of liason arrangement between the organisations

    5. Information on the preliminary hazard analysis

      1. Type of accidents

      2. System elements or events that can lead to a major accident

      3. Hazards

      4. Safety relevant components

    6. Details about the site

      1. Location of dangerous substances

      2. Seat of key personnel

      3. Emergency control room

    7. Description of hazardous chemicals at plant site

      1. Chemicals (Quantities and toxicological data)

      2. Transformation if any which could occur

      3. Purity of hazardous chemicals

    8. Likely dangers to the plant

    9. Enumerate effects of:

      1. stress and strain caused during normal operation;

      2. fire and explosion inside the plant and effect if any, of fire and explosion out side.

    10. Details regarding

      1. warning, alarm & safety and security systems.

      2. alarm and hazard control plans in line with disaster control and hazard control planning, ensuring the necessary technical and organizational precautions;

      3. reliable measuring instruments, control units and servicing of such equipments.

      4. precautions in designing of the foundation and load bearing parts of the building.

      5. continuous surveillance of operations.

      6. maintenance and repair work according to the generally recognised rules of good engineering practices;

    11. Details of communication facilities available during emergency and those required for an off-site emergency.

    12. Details of fire fighting and other facilities available and those required for an off-site emergency.

    13. Details of first aid and hospital services available and its adequacy.

    SCHEDULE 12

    (See rule 14 (1)" DETAILS TO BE FURNISHED IN THE OFF-SITE EMERGENCY PLAN

    1. The types of accidents and release to be taken into account

    2. Organisations involved including key personnel and responsibilities and liason arrangements between them.

    3. Information about the site including likely locations of dangerous substances, personnel and emergency control rooms.

    4. Technical information such as chemical and physical characteristics and dangers of the substances and plant.

    5. Identify the facilities and transport routes.

    6. Contact for further advice e.g. meteorological information, transport, temporary food and accomodation, first aid and hospital services, water and agricultural authorities.

    7. Communication links including telephones, radios and standby methods.

    8. Special equipment including fire fighting materials, damage control and repair items.

    9. Details of emergency response procedures.

    10. Notify the public.

    11. Evacuation arrangements.

    12. Arrangements for dealing with the press and other media interests.

    13. Longer term clean up."

     

    SCHEDULE - 5


    [Seee Rules 2(b) and 3)]
    ----------------------------------------------------------------------
    S. Authority(ies) with legal Duties and corresponding Rule
    No. backing
    ----------------------------------------------------------------------
    1. Ministry of Environment and Notification of hazardous chemicals
    Forests under Environment as per Rules 2(e)(i)2(e)(ii)& 2(e)
    (Protection) Act, 1986 (iii)

    2. Chief Controller Imports &
    Exports under Import (Con-
    trol) Act, 1947

    3. Central Pollution Control Imports of hazardous chemicals as
    Board or State Pollution per Rule 18.
    Control Board under Environ- (1) Enforcement of directions and
    ment (Protection) Act, 1986 procedures in respect of isol-
    as the case may be ated storage of hazardous che-
    micals, regarding.

    i) Notification of major acci-
    dents as per Rules 5(1) and
    5(2)

    ii) Notification of sites as per
    Rules 7 to 9.

    iii) Safety reports in respect of
    isolated storages as per
    Rule 10 to 12.

    iv) Preparation of on-site
    emergency plans as per Rule
    13.

    (2) Import of hazardous
    Chemicals and enforcement of
    directions and procedures on
    import of hazardous
    chemicals as per Rule 18.

    4. Chief Inspector of Factories Enforcement of directions and
    appointed under the Factories procedures in respect of
    Act, 1948. industrial installations and
    isolated storages covered
    under the Factories Act,
    1948 dealing with hazardous
    chemicals and pipelines
    including inter-state







    pipelines regarding,-

    i) Notification of major
    accidents as per
    Rules 5(1) and 5(2).

    ii) Notification of sites
    as per Rules 7-9.

    iii) Safety reports as per
    Rules 10 to 12.

    iv) Preparation of
    on-site emergency
    plans as per Rule 13.

    v) Preparation of
    off-site emergency
    plans in consultation
    with District
    Collector or District
    Emergency Authority
    as per Sr. No.9 of
    this Schedule.

    5. Chief Inspector of Dock Enforcement of directions and
    Safety appoint under the procedures in respect of industrial
    Dock Workers (Safety, Health installations and isolated storages
    and Welfare) Act, 1986. dealing with hazardous chemicals
    and pipelines inside a port
    regarding.

    i) Notification of major
    accidents as per Rules 5(1)
    and 5(2)

    ii) Notification of sites as per
    Rules 7 to 9.

    iii) Safety reports as per Rules
    7 to 9.

    iv) Preparation of on-site
    emergency plans as per Rule
    13.

    v) Preparation of off-site
    emergency plans in
    consultation with District
    Collector or District
    Emergency Authority as per
    S.No.9 of this Schedule.






    6. Chief Inspector of Mines Enforcement of directions and
    appointed under the Mines procedures in respect of industrial
    Act, 1952. industrial installations and
    isolated storages dealing with the
    hazardous chemicals and pipelines
    including inter-state pipelines
    regarding:-

    i) Notification of major
    accidents as per Rule 5(1)
    and 5(2).

    ii) Notification of sites as per
    Rules 7 to 9.

    iii) Safety reports as per Rules
    10 to 12.

    iv) Preparation of on-site
    emergency plans as per Rules
    13.

    v) Preparation of off-site
    emergency plans in
    consultation with Dirstrict
    Collector or District
    Emergency Authority as per
    S.No.9 of this Schedule.

    7. Atomic Energy Regulatory Enforcement of directions and
    Board appointed under the procedures as per the provisions
    Atomic Energy Act, 1972. of the Atomic Energy Act, 1972.

    8. Chief Controller of Explo- i) The Explosives Act, 1884
    sive appointed under the (4 of 1884) and the rules made
    Indian Rules, 1983. thereunder, namely:-

    (a) The Gas Cylinders Rules,
    1981;
    (b) The Static and Mobile
    Pressure Vessel (unfired)
    Rules, 1981;
    (c) The Explosives Rules, 1984

    ii) The Petroleum Act, 1934 (30
    of 1934) and the Rules made
    thereunder, namely:-

    (a) The Petroleum Rules, 1976
    (b) The Calcium Carbide Rules,
    1987.





    9. District Collector or Dis- Preparation of off-site emerge-
    trict Emergency Authority ncy plans as per Rule 14.
    designated by the State Gov-
    ernment.

    10. Directorate of Explosives Enforcement of directions and
    Safety (DES), defense Rese- procedures in respect of labor-
    arch and Development Organ- atories, lindustrial establish-
    isation (DRDO), Department ments and isolated storages
    of defense Research and dealing with hazardous chemicals
    Development, Ministry of in the Ministry of defense.
    defense.



    BACKGROUND INFORMATION

    1. Ministry of Environment and Forests brought out the Environment (Protection) Act, 1986 as a sequel to the Bhopal Gas Tragedy. After considerable deliberations for nearly two years on the ways and means to control major industrial accidents, a set of rules called the Manufacture, Storage and Import of Hazardous Chemicals Rules were notified on 27th November, 1989 under the Environment (Protection) Act 1986. These rules were amended in October 1994 to widen the scope and provide for a few additional requirements. The basis of the 1989 regulation was the EEC directive 82/501/EEC of 1982 popularly known as the "Seveso" directive. As the control of industrial Major Accident Hazards (CIMAH).

    2. Keeping in view the vastness and the highly populated nature of the country and multiplicity of authorities, absence of any other scheme for the control of hazardous and toxic chemicals three level of controls were prescribed in place of two level controls of chemicals and preparation of on-site emergency plans based on maximum loss scenario for units not subject to the preparation of a safety report was also introduced. With the amendments conduct of safety audit is mandatory as also mock-trial every six months.

    3. The principal objectives of the rules are the prevention of major accidents arising from industrial activities, the limitation of the effects of such accidents both on man and on the environment and the harmonisation of various control measures and agencies to prevent and limit major accidents.

    4. The industrial activities covered by the rules are defined in terms of processes and storages involving specified hazardous chemicals. This has, in effect, embraced most of the chemicals and petrochemical industries using substances which have hazardous, flammable, explosive, corrosive or toxic properties.

    5. An important feature of the rules is that the storage of hazardous chemicals not associated with a process is treated.