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MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES, 1989
—(1) These rules may be called the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989.
(2) They shall come into force on the date of their publication in the Official Gazette.
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1. Vide S.O. 966(E), dated 27th November, 1989, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 27th November, 1989, and corrected by S.O. 115(E), dated 5th February, 1990, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 5th February, 1990.
In these rules, unless the context otherwise requires,—
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(b) “Authority” means an authority mentioned in column 2 of Schedule 5;
(c) “export” with its grammatical variations and cognate expression, means taking out of India to a place outside India;
(d) “exporter” means any person under the jurisdiction of the exporting country and includes the exporting country, who exports hazardous chemicals;
(e) “hazardous chemical” means,—
(i) any chemical which satisfies any of the criteria laid down in Part I of 1[Schedule 1 or] listed in column 2 of Part II of thi
The concerned Authority shall,—
(a) inspect the industrial activity at least once in a calendar year;
(b) except where such authority is the Ministry of Environment and Forests, annually report on the compliance of the rules by the occupiers to the Ministry of Environment and Forests through appropriate channel;
(c) subject to the other provisions of these rules, perform the duties specified in column 3 of Schedule 5.]
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1. Subs. by S.O. 2882(E), dated 3rd October, 1994 (w.e.f. 22-10-1994).
.—(1) These rules 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 1[or listed] in column 2 of Part II of this Schedule is, or may be, involved; and
1[(b) isolated storage of a hazardous chemical listed in Schedule 2 in a quantity equal to or more than the threshold quantity specified 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,—
(a) identified the major accident hazards; and
(b) taken adequate steps to—
(i) prevent such major acci
.—(1) Where a major accident occurs on a site or in a pipeline, the occupier shall 1[within 48 hours] notify the concerned authority as identified in Schedule 5 of that accident, and furnish thereafter 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 1[requisite information within 90 days to the Ministry] of Environment and Forests through appropriate channel.
1[(3) An occupier shall notify to the concerned Authority, steps taken to avoid any repetition of such occurrence on a site.]
2[(4) The concerned Authority shall compile information regarding major accidents and
].—(1) An occupier shall not undertake any industrial activity 2[unless he has been granted an approval for undertaking such an activity and has submitted] a written report to the concerned Authority containing the particulars specified in Schedule 7 at least 3 months before commencing that activity or before such shorter time as the concerned Authority may agree and for the purposes 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.
2[(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 i
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.
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 six 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.
.—(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 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 1[***] send a copy of the
Section R.11 of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, pertains to specific procedures, responsibilities, or penalties associated with the handling of hazardous chemicals. These rules, enacted under the Environment (Protection) Act, 1986, aim to regulate the manufacture, storage, and import of hazardous chemicals to ensure environmental and public safety .
While the exact text of Section R.11 is not directly provided in the sources, it generally relates to compliance obligations, assessment procedures, or penalties for violations under the Rules. The section likely emphasizes the importance of safety measures, reporting, or penalties for non-compliance in the context of hazardous chemical management .
The scope covers:- Industrial activities involving hazardous chemicals satisfying criteria in Schedule I.- Storage, manufacture, or import of chemicals that pose environmental or health risks.- Responsibilities of occupiers and authorities in ensuring safety and compliance .
Specific punishments are not detailed in the provided sources. However, generally, violations under the MSIHC Rules attract penalties such as fines, imprisonment, or both, as per the overarching framework of the Environment (Protection) Act, 1986 .
Note: Due to the absence of the exact text of Section R.11, the commentary is based on the general provisions and interpretations of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, as reflected in the available sources.
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, require him to provide such additional information as is specified in the notice and the occupier shall send that information to the concerned Authority within 90 days.]
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1. Subs. by S.O. 2882(E), dated 3rd October, 1994 (w.e.f. 22-10-1994).
Section R.12 of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, pertains to the requirements for fire fighting and safety facilities in facilities handling hazardous chemicals. It emphasizes the importance of preparedness and infrastructure to prevent and mitigate chemical accidents.
Section R.12 mandates that every establishment involved in the manufacture, storage, or import of hazardous chemicals must have adequate fire fighting and safety facilities. It also stipulates that details of such facilities, both existing and required, should be maintained and available for inspection.
This section applies to all industrial activities involving hazardous chemicals as defined under Schedule I of the Rules, including manufacturing, storage, and import operations. It covers both existing facilities and new establishments.
The provided sources do not specify explicit penalties or punishments for non-compliance with Section R.12. However, under the broader framework of the Rules and the Environment (Protection) Act, violations may attract penalties, including fines or imprisonment, as determined by applicable law.
Note: The sources do not explicitly specify penalties for non-compliance with Section R.12, but general legal principles and related rules suggest that violations could attract penalties under the Environment (Protection) Act, 1986, or other applicable laws.
.—(1) An occupier shall prepare and keep up-to-date 1[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 provisions.
(3) The occupier shall prepare the emergency plan required under sub-rule (1),—
(a) in the ca
.—(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 1[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 effects off-site of possible major accidents and the authority shall provide the occupier with any information from the off-site emer
.—(1) The occupier shall take appropriate steps to inform persons 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 “Don’ts” 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 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.
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 these paragraphs.
.—(1) This rule shall apply to an industrial activity in which a hazardous chemical which satisfies any of the criteria laid down in Part I of Schedule 1 1[or 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 terms 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.
(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
.—(1) This rule shall apply to a chemical which satisfies any of the criteria laid down in Part I of Schedule 1 1[or listed] in column 2 of Part II of this Schedule.
(2) Any person responsible for importing hazardous chemicals in India shall provide 2[before 30 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,—
(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
&nb
(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, 1[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 the said contraventions.
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1. Subs. by S.O. 2882(E), dated 3rd October, 1994 (w.e.f. 22-10-1994).
The Central Government may, at any time, by notification in the Official Gazette, make suitable changes in the Schedules.
[See rule 2(h)(i)]
1. Installations for the production, processing or treatment of organic or inorganic chemicals using for this purpose, among others:
(a) alkylation
(b) amination by ammonolysis
(c) carbonylation
(d) condensation
(e) dehydrogenation
(f) esterification
(g) halogenation and manufacture of halogens
(h) hydrogenation
(i) hydrolysis
&
SCHEDULE 7
PART I
Particulars to be included in a notification of a site:
1. The name and address of the employer making the notification.
2. The full postal address of the site where the notifiable industrial activity will be carried on.
3. The area of the site covered by the notification and of any adjacent site which is required to be taken into account by virtue of b (ii) of Schedules 2 and 3.
4. The date on which it is anticipated that the notifiable industrial activity will commence, or if it has already commenced a statement to that effect.
5. T
[See rule 10(1)]
1. The name and address of the person furnishing the information.
2. Description of the industrial activity, namely—
(a) site,
(b) construction design,
(c) protection zones explosion protection, separation distances,
(d) accessibility of plant,
(e) maximum number of persons working on the site and particularly of those persons exposed to the hazard.
3. Description of the processes, namely—
(a) technical purpose of the industrial activity,
&nbs
1. Name and address of the importer:
2. Date and reference number of issuance of permission to import hazardous chemicals:
3. Description of hazardous chemicals:
(a) Physical form:
(b) Chemical form:
(c) Total volume and weight:
(in kilogrammes/tonnes)
4. Description of purpose of import:
5. Description of storage of hazardous chemicals:
(a) Date:
(b) Method of storage:
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 liaison arrangement between the organisations.
5. Information on the preliminary hazard analysis:
(a) Type of accidents.
(b) System elements or event that can lead to a main accident.
(c
[Schedule 12
[See rule 14(1)]
1. The types of accidents and release to be taken in account.
2. Organisations involved including key personnel and responsibilities and liaison 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, temporar
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