REGULATORY FRAMEWORK ON CHEMICAL AND INDUSTRIAL DISASTER MANAGEMENT IN INDIA -AN OVERVIEW By G.Bala Kis

1. REGULATORY FRAMEWORK ON CHEMICAL AND INDUSTRIAL DISASTER MANAGEMENT IN INDIA -AN OVERVIEW By G.Bala Kishore M.E., Director of Factories Government of Andhra Pradesh, Hyderabad

2. DISASTER • Defined in the Disaster Management Act, 2005 as: • “A catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, leading to accidents, and resulting in substantial loss of life or human suffering or damage to, and destruction of property, or damage to, or degradation of environment, and is of such a nature and / or magnitude as to be beyond the coping capacity of the community of affected area”

3. Types of Disasters • Natural (Flood, severe weather, Tsunami, earthquakes, cyclones, etc) • Man-made (Fire, civil disturbance, explosion, toxic release, chemical spill, etc)

4. Factors contributing to Industrial disasters • Storage of flammable, explosive or toxic chemicals including radio active materials • Uncontrollled release of unreacted chemicals, chemical reaction products, or energy from a chemical reaction • The presence of people in the proximity to result in exposure • Exposure sufficient to cause serious injury or death

5. Chemical Accident • Accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous chemicals resulting in continuous, intermittent or repeated exposure to death or injury to any person or damage to any property

6. MAJOR ACCIDENT • An occurrence such as • Loss of life inside or outside the installation • Ten or more injuries inside • One or more injuries outside • Release of toxic chemicals or explosion or fire or spillage of hazardous chemicals • Onsite or offsite emergencies • Damage to equipment leading to stoppage of process • Adverse effects to environment

7. Some high impact world-wide chemical disasters • Flixborough, Nypro UK (1st June. 1974) Chemical released was cyclohexane due to which 28 persons died, 36 were injured. The plant was completely demolished and over 1821 houses and 167 factories suffered tremendous losses. • Seveso, Italy (10th July 1976) Chemical released was 2,3,7,8-TCDD (Dioxin) which has resulted in the death about 1.0 lakhs animals, evacuation of 760 persons and contamination of an area of about 4,450 acres.

8. Bhopal Disaster (3rd December, 1984) • Methyl Isocynate (MIC) was released which resulted in the death of over 2500 persons and injured about 1,00,000 persons. Even today we here of people suffering due to after affects of the hazchem. Large scale evacuation of people and relief and rehabilation was taken up.

9. Sources of chemical emergencies • Manufacturing, maintenances and disposal • Handling and storage facilities • Transportation

10. Emergencies • Fire • Explosion • Toxic Release • Combination of the above

11. Types of Emergencies • Onsite Emergency • Offsite Emergency

12. ONSITE EMERGENCY • If the consequences of emergency are limited to the four walls of the industrial activity • Management shall prepare the plan • The plan has to be rehearsed

13. OFFSITE EMERGENCY • If the consequences of emergency exceeds the four walls of the industrial activity • Involvement of District Administration in saving the life and property • Coordination of various department and organisations • Preparation of Offsite Emergency Plan

14. Legislations related to Chemical Emergency Management • Environment Protection Act, 1986 • Factories Act, 1948 as amended in 1987 • Manufacture, Storage and Import of Hazardous Chemicals rules, 1989 as amended in 1994 and 2000 • Public Liability Insurance Act, 1991 and Rules • Chemical Accidents (Emergency Planning, Preparedness and Response Rules) 1996 • Central Motor Vehicles Rules, 1989 as amended in1993

15. Legislations related to Chemical Emergency Management • Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000 and 2003 • The Explosives Act, 1884 • The Explosive Rules, 2008 • The Static and Mobile Pressure Vessels (Unfired) Rules,1981 as amended in 1993, 2000 & 2002 • The Gas Cylinders Rules, 2004 • The Petroleum Act, 1934 & The Petroleum Rules, 2002

16. Legislations implemented by the Factories department • Factories Act 1948 • MSIHC Rules, 1989 • CA(EPPR)Rules,1996 • DM Act, 2005

17. Factories Amendment Act 1948 • Main Objectives: • To provide safeguards to be adopted in using and hazardous substances • To lay down emergency standards and measures • To lay down procedures for siting of hazardous industries and • To ensure workers participation in safety management

18. Provisions relating to hazardous processes-Chapter-IV • Section 41-A • Constitution of Site Appraisal Committee • SAC to consider application only afte clearance by the MOI and MOEF • For initial location as also for expansion

19. Factories Act 1948- Hazardous Processes – Sec 41 B and F • Compulsory disclosure of information • Dangers, health hazards, measures to overcome the same • To Chief Inspector of Factories and Local authorities • Preparation of on-site Emergency Plan • Permissible Limits of exposure of Chemicals is prescribed – third schedule

20. Section 41C: • Specific responsibility of the Occupier in relation to hazardous process • Persons with qualifications and experience to supervise hazardous operations • Section 41 G: • Workers Participation in safety management • Safety Committees

21. Factories Act- Chemical Works– Schedule XV • Chemical Works – Schedule XV is introduced under Dangerous operations • This schedule requires • Identification of hazards • Remedial measures • Identification of Emergencies • Preparation of Emergency Plan • Practicing of Plan once in 3 months

22. Hazardous Operations • Hazard Analysis and Risk Assessment • Identification of Hazards • Production, Maintenance • Risk Mitigation Measures • Documentation of the same • Submission to statutory authorities • Onsite emergency Plan • Identification of emergencies • Planning to meet the same • Documentation and submission • Rehearsing • Revising

23. Emergency Procedures • Identify possible emergencies • Course of work, maintenance work, repair work • Review of emergencies every year • Formulate a detailed plan to meet emergencies • Information to all the concerned • Evacuation procedure • Alternate power supply arrangement

24. Emergency Procedures • Training of employees • Rehearsal of the plan • 10 % of workers shall be trained in first aid and fire fighting • Information on chemicals to physician

25. Framed under EPA 684chemicals are identified to be hazardous and toxic Preparation of onsite emergency plan by industrial installation Preparation of offsite emergency plan by Government Information to public liable to be affected Safety audit once in a year MSIHC Rules

26. MAJOR ACCIDENT HAZARD INSTALLATIONS • Isolated Storages • Industrial activities • Hazardous chemicals 431/684 • Inventory exceeding the threshold quantity In column 3 of Schedule 2 and 3

27. Responsibilities of MAH Installations • Preparation of onsite emergency plan • Notification of major accident • Preparation of safety reports and safety audit reports • Conducting mock drills to test the onsite emergency plan • Aid, assist and facilitate functioning of District Crisis Group

28. Information to be furnished in OSEP • Details of site • Location of dangerous substances • Seat of key personnel • Emergency control room • Description of hazardous chemicals • Effects of • Stress and strain caused during normal operations • Effects of fire and explosion – inside and outside

29. Information to be furnished in OSEP • Key personnel and their responsibilities • Assistance from outside agencies • Liaison arrangement between organisations • PHA • Types of accidents • Events that lead to accident • Hazards • Safety related components

30. Information to be furnished in OSEP • Communication facilities • Details of fire fighting and other facilities • First aid and hospital services • Emergency contact numbers

31. Information to be furnished in OSEP • Details of site • Location of dangerous substances • Seat of key personnel • Emergency control room • Description of hazardous chemicals • Effects of • Stress and strain caused during normal operations • Effects of fire and explosion – inside and outside

32. Chemical Accidents(EPP&R) Rules 1996 • Framed under EPA • Constitution of Crisis Groups • Crisis Alert System • Information to Public

33. Levels of Crisis Group • Central Crisis Group • State Crisis Group • District Crisis Group • Local Crisis Group

34. Chairmen of Crisis Groups • Central Crisis Group ---- Secy, MOEF • State Crisis Groups ---- Chief Secretary • District Crisis Groups ---- District Collector • Local Crisis Groups ---- Sub Divisional Magistrate

35. Periodicity of Meeting • Central Crisis Group --- once in six months • State Crisis Group ---- once in 3 months • District Crisis Group ---- once in 45 days • Local Crisis Group ---- Every month

36. Central Crisis Group-- Functions • Monitoring post accident situation • Post accident analysis and response • Review district offsite emergency plan • State wise list of experts • Financial and infrastructural assistance to States

37. State Crisis Group --- Functions • Review district offsite emergency plan • Assists in managing chemical accidents at site • Monitoring post accident situation • Review progress report of District Crisis Groups • Publish list of experts

38. Functions of DCG • Apex body in the district to deal with major chemical accidents • To provide expert guidance for handling chemical accidents. • Assist in the preparation of the off-site emergency plan • Review all the on-site emergency plans • Assist the district administration in the management of chemical accidents • Continuously monitor every chemical accident • Ensure continuous information flow from the district to the Central and State Crisis Groups

39. Local Crisis Groups--- Functions • Preparation of local emergency plan for the industrial pocket • Ensure devitalizing local plan with district plan • Train personnel involved in chemical accident management • Educating public • One full scale mock drill every six months

40. STATUTORY PROVISIONS FOR CONDUCTING MOCK EXERCISES • Factories Act – Schedule XV- Chemical works • MoEF Rules for ‘On Site’ and ‘Off Site’ Emergency Plans – 2001. • DM Act, 2005 • NDMA Guidelines on Chemical (Industrial) Disaster reinforces MoEF guidelines, to conduct mock drills for ‘On Site Plan’ at least once every six months • NDMA Guidelines give out the formats for ‘On Site’ and ‘Off Site’ plans as Annexures.

41. THANK YOU