Roop's Law Assist
Waitlist

THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES, 1989

387f71956c475d6bb61e0d8e670fdbdd050bc0c9 · 1986 · State unknown

Download PDFParent ActBack to Subordinates
Parent: THE ENVIRONMENT (PROTECTION) ACT, 1986 (018afec0d2f70a0c9774147226d14996ced132c4)

Text

THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES, 1989 MINISTRY OF ENVIRONMENT & FORESTS (Department of Environment, Forests and Wildlife) NOTIFICATION (New Delhi, the 27 th h November 1989) *S.O.966(E) - In exercise of the powers conferred by Section 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 – These rules may be called the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. They shall come into force on the date of their publication in the Official Gazette. DEFINITIONS - 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 chemical; (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 this Schedule ; (ii) any chemical listed in Column 2 of Schedule 2; (iii) any chemical listed in Column 2 of Schedule 3; (f) "import" with its grammatical variations and cognate expression, means brining into India from a place outside India; (g) "importer" means an occupier or any person who imports hazardous chemicals; (h) "industrial activity" means- 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 o

Rule TOC

1 · SHORT TITLE AND COMMENCEMENT –
1 · Substituted by Rule 2(i) of the Manufacture, Storage and Import of Hazardous Chemical(Amendment) Rules, 2000 notified vide S.O. 57(E), dated 19.1.2000.
1 · [(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 or off-site emergencies or damage to equipment leading to stoppage of process or adverse affects to the environment ;
2 · [3. DUTIES OF AUTHORITIES –
1 · Substituted by Rule 2(ii) of the Manufacture, Storage and Import of Hazardous Chemical (Amendment)Rules, 2000 notified vide S.O.57(E), dated 19 th January, 2000.
2 · Substituted by Rule 2 of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
4 · GENERAL RESPONSIBILITY OF THE OCCUPIER DURING INDUSTRIAL ACTIVITY -
2 · [(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.]
4 · NOTIFICATION OF MAJOR ACCIDENT -
5 · [(3) An occupier shall notify to the concerned Authority, steps taken to avoid any repetition of such occurrence on a site.]
6 · [(4) The concerned Authority shall compile information regarding major accidents and make available a copy of the same to the Ministry of Environment & Forests through appropriate channel.
1 · Substituted by Rule 3(i) of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
2 · Substituted by Rule 3(ii), ibid.
3 · Substituted by Rule 3(a) of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994 .
4 · Substituted by Rule 3(b) ibid.
5 · Substituted by Rule 3(c) of the Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 1994 notified vide S.O. No.2882, dated 3.10.1994.
6 · Inserted by Rule 3(d); ibid.
6 · INDUSTRIAL ACTIVITY TO WHICH RULES 7 TO 15 APPLY -
7 · to 15 shall apply to, -
7 · 2 [APPROVAL AND] NOTIFICATION OF SITES -
4 · [(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 QUANTITY -
1 · Substituted by Rule 4; ibid.
2 · Substituted by Rule 5 of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
3 · Substituted by Rule 4 (a) of MSIHC ( Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
4 · Substituted by Rule 4(b), ibid.
9 · TRANSITIONAL PROVISIONS-
10 · SAFETY REPORTS 1 [AND SAFETY AUDIT REPORTS] -
2 · [(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 commencement of the Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules, 1994 to the concerned Authority.]
3 · [(4) After the commencement of the Manufacture, Storage and Import of Hazardous Chemicals (Amendment) Rules, 1994, the occupier 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.
4 · [(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.
1 · Substituted by Rule 6 of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
2 · Substituted by Rule 5(a) of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
3 · Inserted by Rule 5(b), ibid.
4 · Inserted by Rule 5(b) of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
11 · UPDATING OF REPORTS UNDER RULE 10-
2 · [12 . REQUIREMENT FOR FURTHER INFORMATION TO BE SENT TO THE AUTHORITY -
13 · PREPARATION TO ON-SITE EMERGENCY PLAN BY THE OCCUPIER -
4 · [(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 PLAN BY THE AUTHORITY -
1 · Omitted by Rule 6, ibid.
2 · Substituted by Rule 7, ibid.
3 · Substituted by Rule 8(a), ibid.
4 · Inserted by Rule 8(b) of the MSIHC ( Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
2 · [(4) The concerned authority shall ensure that a rehearsal of the off-site emergency plan is conducted at least once in a calendar year.]
15 · INFORMATION TO BE GIVEN TO PERSONS LIABLE TO BE AFFECTED BY A MAJOR ACCIDENT -
16 · . DISCLOSURES OF INFORMATION -
17 · . COLLECTION, DEVELOPMENT AND DISSEMINATION OF INFORMATION -
1 · Substituted by Rule 9 (a), ibid.
2 · Inserted by Rule 9(b) of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
18 · . IMPORT OF HAZARDOUS CHEMICALS -
4 · (3) If the Concerned Authority of the State is satisfied that the chemical being imported is likely to cause major accidents, it may direct the importer to take such safety measures as the concerned Authority of the State may deem appropriate.]
1 · Substituted by Rule 7 of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
2 · Substituted by Rule 8(a), ibid.
3 · Substituted by Rule 10(a) of the MSIHC ( Amendment) Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
4 · Substituted by Rule 10(b), ibid.
1 · [(3A) In case the concerned Authority of the State is of the opinion that the chemical should not be imported on safety or on environmental considerations, such Authority may direct stoppage of such import.]
19 · IMPROVEMENT NOTICES -
20 · POWER OF THE CENTRAL GOVERNMENT TO MODIFY THE SCHEDULES -
1 · Inserted by Rule 10(c), ibid.
2 · Substituted by Rule 11 of MSIHC Rules, 1994 notified vide S.O.2882, dated 3.10.1994.
1 · Substituted by Rule 9 of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
1 · Substituted by Rule 10(i) (a) of the MSIHC (Amendment) Rules, 2000 notified by S.O.57(E), dated 19.1.2000 ;
2 · Substituted by Rule 10(i) (b), ibid;
3 · Substituted entry 7 by Rule 10(ii), ibid ;
4 · Inserted entries 12 to 27 by Rule 11 of the MSIHC (Amendment) Rules, 1994 notified vide S.O.2882,dated 3.10.1994.
1 · Inserted entries 28, 29 and 30 by 10(iii) of the HSIHC (Amendment) Rules, 2000 notified by S.O.57(E), dated 19.1.2000.
1 · Inserted by Rule14 (a to h) of MSIHC (Amendment) Rules, 1994 notified vide notification S.O.2882, dated 3.10.1994.
2 · Inserted by Rule14 (a to h) of MSIHC (Amendment) Rules, 1994 notified vide notification S.O.2882, dated 3.10.1994.
1 · Substituted by Rule 11(i) of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
1 · [PART II
1 · Substituted by Rule 11(ii) of the MSIHC (Amendment) Rules, 2000 notified by S.O.57(E), dated 19.1.2000 .
1 · Inserted by Rule 12 of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
1 · Inserted by Rule 13(i) of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
1 · Substituted by Rule 13(ii) of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000;
2 · Omitted by Rule 13(iii), ibid;
3 · Substituted by Rule 13(iv), ibid.
1 · Substituted by Rule 15 of the MSIHC (Amendment) Rules, 1994, notified vide S.O.2882, dated 3.10.1994.
2 · Inserted by Rule 13 (v) of the MSIHC (Amendment) Rules, 2000 notified vide S.O.57(E), dated 19.1.2000.
1 · Substituted by Rule 13(vi), of the MSIHC (Amendment) Rules, 2000 notified vide S.O.No.57(E), dated 19.1.2000.
2 · Inserted by G.S.R.584(E), dated 9 th June, 1990.
1 · CHEMICAL IDENTITY
1 · 3.
2 · 4.
2 · PHYSICAL AND CHEMICAL DATA
3 · FIRE AND EXPLOSION HAZARD DATA
6 · PREVENTIVE MEASURES
7 · EMERGENCY AND FIRST AID MEASURE
8 · ADDITIONAL INFORMATION / REFERENCES
9 · MANUFACTURER / SUPPLIER DATA
10 · DISCLAIMER
4 · Description of purpose of Import:
1 · [SCHEDULE –11]
1 · Inserted by Rule 16 of the MSIHC (Amendment) Rules, 1994 notified by S.O.2882, dated 3.10.1994.
1 · Inserted by Rule 16 of the MSIHC (Amendment) Rules, 1994 notified by S.O.2882, dated 3.10.1994.