REGULATORY FRAMEWORK ON CHEMICAL AND INDUSTRIAL DISASTER MANAGEMENT IN INDIA -AN OVERVIEW

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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
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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

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Types of Disasters

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

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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

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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

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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

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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.

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Bhopal Disaster (3rd December, 1984)

• Methyl Iso cynate (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.

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Sources of chemical emergencies

• Manufacturing, maintenances and disposal
• Handling and storage facilities
• Transportation

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Emergencies

• Fire
• Explosion
• Toxic Release
• Combination of the above

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Types of Emergencies

• Onsite Emergency
• Offsite Emergency

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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

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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

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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

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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

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Legislations implemented by the Factories
department

• Factories Act 1948
• MSIHC Rules, 1989
• CA(EPPR)Rules,1996
• DM Act, 2005

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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

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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

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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

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• 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

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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

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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

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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

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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

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MSIHC Rules

• 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

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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

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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

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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

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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

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Information to be furnished in OSEP

• Communication facilities
• Details of fire fighting and other facilities
• First aid and hospital services
• Emergency contact numbers

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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

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Chemical Accidents(EPPR) Rules 1996

• Framed under EPA
• Constitution of Crisis Groups
• Crisis Alert System
• Information to Public

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Levels of Crisis Group

• Central Crisis Group
• State Crisis Group
• District Crisis Group
• Local Crisis Group

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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

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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

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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

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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

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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

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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

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STATUTORY PROVISIONS FOR CONDUCTING MOCK EXERCISES

1. Factories Act Schedule XV- Chemical works
2. MoEF Rules for On Site and Off Site
   Emergency Plans 2001.
3. DM Act, 2005
4. NDMA Guidelines on Chemical (Industrial)
   Disaster reinforces MoEF guidelines, to conduct
   mock drills for On Site Plan at least once
   every six months
5. NDMA Guidelines give out the formats for On
   Site and Off Site plans as Annexures.

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THANK YOU