 The Vizag accident(current)

 How the company bypassed safety rules

 Post-lockdown hurry and deadly fallouts
 Surge in industrial accidents in India  
 Better to deter  

The complete story of

Vizag gas leak
What happened, why it happened and who is liable
The Visakhapatnam gas leak highlights the need for industries
to be extra cautious while starting production after the
lockdown
Soundaram Ramanathan, Digvijay Singh and Nivit Kumar Yadav
 Women outside a mortuary to
receive the body of a relative who
died after the gas leak at the LG
Polymers plant in Visakhapatnam
on May 8; Photo: Reuters

3 accidents in 24 hours
THE GAS leak incident at Visakhapatnam, Andhra Pradesh, in the
early morning of May 7 was not the only industrial accident in the
country that day. In the evening, two boilers exploded at NLC India
Limited’s thermal power station at Neyveli, Tamil Nadu, injuring
eight people.

T he previous day, on May 6, another gas leak

accident had taken place at a paper mill in Raigarh,

Chhattisgarh, after which seven workers had to be
hospitalised. What’s common to the three accidents is that
they happened while the factories were being prepped for
opening after the covid-19 lockdown. Poor operational
and maintenance practices during the lockdown and
shortage of skilled staff appear to be the common thread
in all the incidents.
Read complete story

See also: DTE coverage on Bhopal Gas Disaster

 LG Polymers
plant,
Visakhapatna
m; Photo:
Reuters

Styrene Pollutant Dispersion Analysis

Note: The study has made the following assumptions – Inversion – 100m, Class
F Stability, Temperature in tank 18 degree Celsius and weather parameters
Source: Awakash Kumar, 2020
Source: Awakash Kumar, 2020

The Vizag accident

The plant was using styrene monomer (C8H8) to produce
expandable plastics. Styrene monomer must be stored at
temperatures strictly below 17°C.

T here was a temporary partial shutdown of the plant

owing to the covid-19 pandemic, excluding maintenance

activities, which were being carried out in the plant as per a
predetermined schedule. Since styrene was not being
stored at the appropriate temperature, there was a
pressure build up in the storage chamber which caused the
valve to break, says an official with the Andhra Pradesh
Pollution Control Board (APPCB), requesting anonymity.
The result was leakage of 3 tonnes of the toxic gas (see
‘What is styrene and how toxic it is’).

On the day of the leak, the levels of styrene in the air in the area
were 500 times higher than prescribed limit. Media reports said
they were more than 2,500 parts per billion (ppb), while World
Health Organization norms require them to be under 5 ppb. The
Visakhapatnam facility is spread over 240 hectares (ha),
including the nearby residential areas. There is also a revenue
village nearby, which resulted in a higher rate of exposure.
The levels of styrene (C8H8), a volatile organic compound,
were 2,500 times higher than the limits prescribed by
regulators on the day of the Visakhapatnam gas leak and
the day following it, an analysis by Centre for Science and
Environment (CSE) has found. Styrene levels in the region
were more than 2.5 parts per million (ppm) on the evening
of May 7, 2020, according to media reports. It should be
less than 5 parts per billion (ppb) according to rules.

“Styrene in air yesterday when the leak was occurring could

have been over 20 ppm up to 2 km of the plant, assuming
an hour’s leak. These significantly high levels of pollutant
dispersion could have led people to fall unconscious,” said
Awkash Kumar from the Indian Institute of Technology,
Mumbai, and an air pollution dispersion modeller. In his
study, Kumar assumed the storage tank’s capacity to be
three kilo tonnes. The leakage happened from a 10 cm
diameter opening for one hour, in his view.

The real-time ambient air monitoring stations network of

the Central Pollution Control Board (CPCB) monitor three
volatile organic compounds (VOCs) - Xylene (C8H10),
Benzene (C6H6), Toluene (C7H8) - in Visakhapatnam
district, 14 km downstream of the spot where the gas-leak
incident occurred.

These pollutants are monitored on a continuous basis by

the board every 30 minutes. CSE analysis of this data shows
xylene levels up to 18 ppb, toluene levels up to 35 ppb and
benzene levels up to 12 ppb.
These are significantly higher than the levels recorded in
Amaravati, the capital city of Andhra Pradesh, located
about 400 km south of Visakhapatnam during the same
time period. Historic data suggests such high levels of
VOCs as a usual phenomenon in the ambient air at
Vishakhapatnam. The standard for hydrocarbons in the
ambient air is 5 ppb (annual average) according to the
CPCB ambient air quality standards.

See also: DTE coverage on Bhopal Gas Disaster

Residents speak with a local

politician outside the LG Polymers
plant following the gas leak in
Visakhapatnam ; Photo: Reuters
How the company bypassed
safety rules
Industries that process petrochemical-based products, such as
styrene, require two levels of clearances—an Environmental
Clearance (EC) from the Union Ministry of Environment, Forest and
Climate Change (MoEF&CC) and a Consent to Operate (CTO) from
the State Pollution Control Board (SPCB), which needs to be
renewed every five years. CTO documents give production limits
on products that can be manufactured, limits on treated effluents
and ambient air surrounding the factory compound. LG Polymers
India has not adhered to rules at both these levels.

A s the company has been operating since the

1960s, much before the legislation of the Environmental

Impact Assessment Notification of 2006, it was not
required to obtain EC unless it expanded its production,
changed raw material or modernised its units. However,
the company has been increasing production and
changing raw materials since 2004 and has not obtained
EC.

In 2004, the expandable polystyrene capacity of the plant was

45 tpd which increased to 65 tpd in 2009, 71.5 tpd in 2012 and
100 tpd in 2014. Similarly, its polystyrene production capacity
has increased from 235 tpd in 2014 to 315 tpd in 2017.
 In 2017, APPCB warned the company about the need for
an EC, saying it would otherwise not grant CTO. After this,
the company filed a petition with MoEF&CC seeking an
EC. It also gave a proposal to APCCB saying it is importing
plastic granules to prepare extended plastic, which may
not require an EC. It succeeded in obtaining consent from
APPCB, brushing impact assessments studies. In 2018, it
withdrew its petition for EC from MoEF&CC saying there
were typo errors.

Read complete story

WHAT IS STYRENE AND HOW TOXIC IS IT

STYRENE IS an organic compound used in the manufacture of polymers/plastic/resins. It is

manufactured in petrochemical refineries and is a likely carcinogen. It can enter the body
through respiration, but also through the skin and eyes. According to India’s Manufacture,
Storage and Import of Hazardous Chemical Rules 1989, styrene is classified as a “hazardous
and toxic chemical”. Short-term exposure to styrene in humans results in irritation in the
mucous membrane and eye, and gastrointestinal problems. Long-term exposure impacts the
central nervous system, leading to headaches, fatigue, weakness, depression, dysfunction,
hearing loss, and peripheral neuropathy. If the concentration of styrene goes beyond 800
ppm, then the person exposed to it can go into a coma. Experts say that immediately after
the leak, the levels could have crossed 1,000 ppm in the nearby areas, which is why people
started fainting.

The duration of the exposure and its relative concentration will determine toxicity – we
currently know that roughly 3 tonnes of the gas leaked from its storage tank and the feeding
line. We now need to determine exposure. “Styrene can stay in the air for weeks. It is highly
reactive, it can combine with oxygen to form styrene dioxide which is more lethal. The
presence of other pollutants can also affect the reactivity. On a sudden note operating one
reactor in full load can also lead to such disasters,” says Thava Palanisami, senior research
scientist, University of Newcastle, Australia.

The most important immediate treatment is to give oxygen to the affected people. The
people in the zone also need to be evacuated as long-term exposure can be detrimental to
their health. Also, as styrene reacts to form styrene dioxide, the air could remain
contaminated for some time. However, the winds blowing from the sea could also help to
disperse the gas.

People sleep
on a
pavement
after being
evacuated
from their
homes
following the
gas leak at the
LG Polymers
 plant; Photo:
Reuters

Victims being rushed to hospital

following the gas leak; Photo:
Twitter

Post-

lockdown hurry and the deadly

fallout
After the Bhopal gas disaster of 1984, India enacted a plethora of
laws to prevent such accidents and to issue clear guidelines on
storage of hazardous chemicals in plants. The Environment
(Protection) Act, 1986, is the omnibus Act that gives sweeping
powers to the Central government to take all measures to protect
the environment.

T here are clear rules on hazardous chemical storage

under the Act. These include Hazardous Waste

(management, handling and trans-boundary movement)
Rules, 1989; Manufacture, Storage and Import of Hazardous
Chemicals Rules, 1989; and Chemical Accidents (Emergency,
Planning, Preparedness and Response) Rules, 1996. That
such an accident could happen despite these laws shows
negligence on the part of all parties.

The unit in question is also an ISO certified facility, which

means it has a protocol for everything. What seems to be
the case is that the management, in its haste to restart the
plant, ignored the protocol pertaining to maintenance of
the plant before resuming operations.

See also: DTE coverage on Bhopal Gas Disaster

 The National Green Tribunal; Photo:
YouTube

What NGT’S action means

In its order, NGT has issued notices to APPCB, district magistrate of
Vishakhapatnam, Central Pollution Control Board (CPCB), MoEF&CC
and LG Polymers India Pvt Limited for their response on the
accident. The court has also appointed a five-member committee
comprising B Seshasayana Reddy, former judge of the Andhra
Pradesh High Court; V Rama Chandra Murthy, former vice chancellor
of Andhra University; Pulipati King, head of chemical engineering
department at the Andhra University, member secretary of CPCB,
and director of the Council for Scientific and Industrial Research-
Indian Institute of Chemical Technology.

T he committee has to report its initial findings on

 what went wrong, extent of damage and remedial measures
initiated within 10 days. It remains to be seen whether
NGT’s order on the Visakhapatnam gas leak will set a
precedent to discourage industrial disaster. But the order
should not have been silent on the two other accidents. The
order also is unclear on whether district magistrate can use
the Rs. 50 crore to initiate relief measures.

Though the cognisance of the Visakhapatanam accident is a

welcome move, the court could have widened its scope and
directed the government to circulate an immediate directive
to industries asking them to ensure safety while resuming
operations. In case the lockdown continues, these safety
precautions must not be forgotten. These accidents have
shown that as the lockdown ends and industries start
resuming activities, there’s a need to be extra cautious.

See also: DTE coverage on Bhopal Gas Disaster

 
 Women outside a mortuary to
receive the body of a relative who
died after the gas leak at the LG
Polymers plant in Visakhapatnam
on May 8; Photo: Reuters
 Thirty five winters since the Union
Carbide factory in Bhopal caused
India's biggest industrial disaster,
water and soil around the factory
are still loaded with hazardous
chemicals; Photo: Centre for
Science and Environment (CSE)

  States with high fatality (2014-2016)

Source: https://www.thehindubusinessline.com/companies/3-workers-die-47-
are-injured-every-day-in-factory-accidents/article26378544.ece

  States with high injuries (2014-2016)

Source: https://www.thehindubusinessline.com/companies/3-workers-die-47-
are-injured-every-day-in-factory-accidents/article26378544.ece
  A list of other accidents between 2002 and 2006 is given in table

Source: Down To Earth

Surge in industrial accidents in

India
With high industrial growth, India is also witnessing increasing
number of industrial accidents and related fatalities. In just two years
- 2014-2016 – factory accidents have killed 3,562 workers and
injured over 51,000, according to the Labour and Employment
Ministry. It means an average of three deaths and 47 injuries every
day (see Table 1: States with high fatality due to factory accidents;
Table 2 for injuries).

G ujarat, Maharashtra and Tamil Nadu together

account for 41 per cent of total deaths in the country due to

factory accidents. In case of non-fatal injuries, West Bengal
has the country’s highest share at 64.89 per cent of total
such cases. Maharashtra and Gujarat, along with West
Bengal, account for four-fifths of the country’s total non-
fatal injuries in factory accidents.

According to the National Disaster Management Authority

(NDMA), in the recent past, over 130 significant chemical
accidents have been reported in the country, which have
resulted in 259 deaths and caused major injuries to more
than 560 people. There are over 1,861 Major Accident
Hazard (MAH) units spread across 301 districts and 25
states and three Union Territories in all zones of the country.
Further, there are thousands of factories, both in organised
and unorganised sectors, dealing with hazardous materials.
Some of the widely reported accidents in the past five years
are:

❶ 2014, GAIL Pipeline Blast: On 27 June 2014, a massive

fire broke out following a blast in the underground gas
pipeline maintained by the Gas Authority of India Limited
(GAIL) at Nagaram, East Godavari district of Andhra Pradesh.

❷ 2014, Bhilai Steel Plant Gas Leak: This accident in June

at Bhilai Steel Plant in Chhattisgarh’s Durg district killed six
people and injured over 40. This was due to a leakage in a
methane gas pipeline at a water pump house.

❸ 2017, Delhi Gas leak: A chemical leak in the Delhi’s

container depot near two schools resulted in hospitalization
of 470 school children.

❹ 2018, Bhilai Steel Plant Blast: A blast in the state-

owned plant killed nine people and injured 14.
❺ 2019, Chemisynth Chemical Factory Explosion: On
August 28, an explosion in a chemical factory in
Maharashtra’s Dhule killed 13 and injured 72. The blast was
caused by a leak in a chemical-filled barrel in the plant,
which triggered explosions in several other barrels and
nitrogen cylinders. Local residents had complained to
district authorities about foul fumes coming from the plant
two weeks before the incident, but they were ignored.

❻ 2019, Fire at the ONGC plant: Massive fire at a plant off

the coast of Mumbai killed four and injured at least three
people.

See also: DTE coverage on Bhopal Gas Disaster

DISASTERS IN THE MAKING

India has 128 contaminated hazardous sites and another 196
“probable” contaminated sites. It has over 1,400 hazardous chemical
units.

CONTAMINATED SITES are created when industrial hazardous wastes

disposed by occupiers in unscientific manner or in violation of the rules
prescribed. They may include production areas, landfills, dumps, waste
storage and treatment sites, mine tailings sites, spill sites, chemical waste
handler and storage sites located in various land uses
 The toxic waste left behind by the
Union Carbide its now defunct
factory is under intense public
scrutiny; Photo: Centre for Science
and Environment (CSE)

Laws and legalities on industrial

accidents
The recent surge in industrial accident has resulted in loss of lives,
life-long injuries, destruction of property, and adverse impact on the
environment. It is about time that stricter norms and provisions are
put in place to ensure these incidents do not occur.

India has a plethora of laws and regulations to ensure industrial

safety. Penalties for violation of rules and liabilities for accidents are
also codified. Below are the key legal provisions that deal with
industrial safety and violation of regulations:
1.Under the Indian Penal Code (IPC)

I PC is India’s comprehensive criminal code. This covers

all aspects of criminal law and is used for deciding

punishment for offences committed within India.

The provisions in IPC that pertain to industrial accidents are:

✿ Section 278 (making atmosphere noxious to health)

✿ Section 284 (negligent conduct with respect to

poisonous substance)

✿ Section 285 (negligent conduct with respect to fire or

combustible matter)

✿ Section304 (culpable homicide not amounting to

murder)

✿ Section304A (deals with death due to negligence and

imposes a maximum punishment of two years and a fine)

✿ Section 337 (causing hurt by act endangering life or

personal safety of others)

✿ Section 338 (causing grievous hurt by act endangering

life or personal safety of others)
 Read complete laws

See also: DTE coverage on Bhopal Gas Disaster

 
 The foetus of a 1984 Bhopal gas
tragedy victim remains preserved at
the Medico-Legal Institute of the
Bhopal; Photo: Centre for Science
and Environment (CSE)
Other Acts and rules applicable in case of industrial accidents

Besides the Acts and Rules mentioned above, some of the other rules that are applicable are

✿ The Inflammable Substances Act, 1952

✿ The Petroleum Act, 1934 & its rules
✿ The Insecticide Act, 1968 (amended 2000) & its rules
✿ The Explosives Act, 1884 (amended till 1983) & its rules

After 36 years
Bhopal gas
affected still
waiting for
justice; Photo:
Centre for
Science and
Environment
(CSE)
 

Shama Bi: A lone survivor fighting

after effects; She was barely six
months old in December 1984,
Photo: Centre for Science and
Environment (CSE)
Why we need more
empowerment of regulatory and
legal systems
It is clear that despite our experiences of rising industrial accident,
and also several judicial interventions, we are yet to deploy them for
effective environmental and safety regimes. Here is a list of
immediate reforms that we need to take up to not just avert
accidents but also to punish the perpetrators in exemplary manner:

Legal

T he current set of legislations, though comprehensive

and covers all aspects, is more inclined towards the civil

suits than criminal ones. Even though there are provisions
for criminal litigation that are applicable for industrial
accidents, they aren’t used very often. Most cases in NGT
end up with compensations—the initial one, which is mostly
towards the beginning of a case being based on a rough
estimates in order to provide some immediate relief,
whereas the later one being more after considering all the
facts and estimating all the damages.

This prevents the justice system to function at a capacity

that is lesser than it is intended for. Therefore, there is an
urgent need for mandating criminal law along with the civil
law for cases related to industrial accidents.

Fixing accountability for an accident or negligent actions is

another aspect of the legal system that we often ignore. A
suit is usually against a company involved in an accident.
But, in such situation, we let free the company employed
individuals – responsible for the negligent behavior. In some
cases, the industry does suspend or terminate their
employment but that’s the maximum that it goes to.
Therefore, it is important that the person whose negligent
behavior resulted in the damages due to the industrial
accident must also be prosecuted under criminal law.

Read complete story

See also: DTE coverage on Bhopal Gas Disaster

The toxic waste left behind by the

Union Carbide its now defunct
factory is under intense public
scrutiny; Photo: Centre for Science
and Environment (CSE)
Better to deter
For any regulation, deterrence is the operative word. India’s vast
environmental laws can only be effective if we bring in elements of
deterrence into our policy, programme and practices. It starts from
the decision to grant a clearance to a project to how it unfolded on
ground to the project’s day-to-day operation adhering to all safety
measures. How can we achieve this? Here is a step-by-step analysis
of lacunas in current regulations/approval procedures and what
reform is needed to fix them:

Lacunas in the current consent conditions and authorisation:

A n industry is first required to get the environmental

clearance (EC) under which it may or may not need to

procure the Forest Clearance, the Wildlife Clearance and the
Coastal Regulation Zones (CRZ) clearance. All these
clearances are dependent on the location of the industry.

After securing the EC, the industry applies for the Consent
to Establish (CTE) and Consent to Operate (CTO), both of
which are given by the SPCB of the state concerned. In case
the industry deals with hazardous chemicals and/or
hazardous waste, then it needs two separate authorisation -
each for the hazardous chemical and the hazardous waste.
The state pollution board gives the authorisation for the
 storage and handling of the hazardous waste. However, the
factory inspector is responsible for inspection if the
authorisation has been given for on-site storage; and in
case of off-site storage of the hazardous chemical, SPCB
does the inspection.

Read more

 
 Illustration: Centre for Science and
Environment (CSE)

Back to top

Source:
 ✿   Gas leak in Vizag, Centre for Science and Environment (CSE)
✿   Vizag gas leak: Styrene levels 2,500 times more on May 8: CSE
Analysis, Down To Earth, May 2020
✿   Will the NGT penalty on LG Polymers act as a deterrent?, Down
To Earth, May 2020
✿   Vizag gas leak: puts spotlight on lack of safety precautions,
Down To Earth, May 2020