MANUFACTURE, STORAGE AND IMPORT OF

HAZARDOUS CHEMICAL RULES, 1989

• India at present is achieving new milestones,
major economic breakthroughs and moving ahead
towards the vision of a developed nation. A
sustained industrial growth including progress of
the chemical sector is crucial to attaining this goal.
• The growth of the chemical sector has led to
increase in the manufacture, storage and use of
Hazardous chemicals (Hazchem) resulting in
enhanced threats of accidents. Occurrence of
accidents remains a cause of concern.
• Section 1
• The Manufacture, Storage and import of
Hazardous Chemical Rules, 1989
• Section 2
• (a) "Act" means the Environment (Protection)
Act, 1986 (29 of 1986);
• (c) "export”, 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 Schedule I and is
listed in Column 2 of Part II of this Schedule;
• (f) "import“ means bringing into India from a
place outside India;
• (g) "importer" means an occupier or any
person who imports hazardous chemicals;
 (h) "industrial activity" means-

• (i) an operation of process carried out in an

industrial installation referred to in Schedule 4
involving or likely to involve one or more or
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; or
• (iii) pipeline;
• (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;
• (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 environments;
• (k) "pipeline" means a pipe (together with any
apparatus and works associated therewith) or
system of pipes (together with any apparatus
and work associated therewith) for the
conveyance of a hazardous chemical
• the pipeline also includes inter-state pipe
• (m) "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 jetty or
similar structure whether floating or not;
 4. General responsibility of the occupier
during industrial activity.
• (1) This rule shall apply to,-
• (a) an industrial activity in which a hazardous
chemical,
• (b) isolated storage in which there is involved
a threshold quantity of a hazardous chemical
• (2) An occupier who has control of an industrial
activity in term of sub-rule (I) shall provide
evidence to show that he has,-
• (a) identified the major accident hazards; and
• (b) taken adequate steps to -
• (i) prevent such major accidents and o limit their
consequences to persons and the environment;
• (ii) provide to The persons working on the site
with the information, training and equipment
 5. Notification of Major accident.

• (1) Where a major accident occurs on a site or

in a pipe line, the occupier shall forthwith
notify the concerned authority as identified in
Schedule S of that accident, and furnish
thereafter to the concerned authority a report
relating to the accidents in installments, if
necessary, in Schedule 6.
• (2) The concerned authority shall on receipt
of the report in accordance with sub-rule I of
this rule shall undertake a full analysis of the
major accident and send the requisite
information to the Ministry of Environment
and Forests through appropriate channel.
• (3) Where an occupier has notified a major
accident to the concerned authority under
respective legislation, he shall be deemed to
have compiled with the requirements as per
sub-rule I of this rule.
 7. Notification of sites.

• An occupier shall not undertake any

industrial activity unless he 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
 8. Updating of the site notification following changes in the
threshold quantity.

• 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.
 10. Safety reports.

• (1) Subjects to the following paragraphs of this

rule, an occupier shall not undertake any
industrial 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 al least
ninety days before commencing that activity.
 11. Updating of reports under rule 10.

• (1) Where an occupier has made a safety report

• he shall not make any modification to The
industrial activity to which that safely report
relates which could materially affect the
particulars in that report,
• unless the 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.
 12. Requirements for further information to be sent to the authority.

• (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 occupied shall
send that information to the concerned authority
within such lime as is specified in The notice or
within such extended time as the authority may
subsequently specify
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 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 (I) lakes 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.
 15. Information to be given to persons liable to be affected by a
major accident.

• (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 "Do�s� and
�Don�ts" which should be adopted in the
event of a major accident
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 in part I of
Schedule I 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 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 available, it shall be added to the
material safety data shet as specified in Schedule 9
as soon as practicable.
• (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 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.
• (5) In terms of sub-rule 4 Of this rule where it
is impracticable 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 criteria laid down in Part I
of Schedule I and is listed in Column 2 of Part
II of this Schedule.
• (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 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.
• (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
stoppage of such imports as the concerned
authority at the State may deem it
appropriate.
• (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
with 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 importer of the hazardous chemical of
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 provisions of
the Motor Vehicles Act, 1988.