ASSET INTEGRITY MANAGEMENT A

REGULATORY PERSPECTIVE

Dr.R.K. Suri
Former Director
Ministry of Environment and Forests,
Government of India
 LEGISLATIONS
• Factories Act, 1948; Mines Act, 1952; Coal Mines
(Conservation and Development), Act 1974; Atomic
Energy Act, 1982; Motor Vehicles, Act, 1988;
Disaster Management Act, 2005, PNGRB Act 2006

• the Environment (Protection) Act, 1986 (EPA); the

Public Liability Insurance Act (PLIA), 1991; the
National Environment Tribunal Act, 1995; the

National Environment Appellate Authority Act, 1997;

MULTILATERAL ENVIRONMENT
AGREEMENTS(MEAs)

• Montreal Protocol on Substances that

Deplete the Ozone Layer, 1987; Basel
Convention on Transboundary Movement of
Hazardous Wastes, 1989; UN Framework
Convention on Climate Change (UNFCCC),
1992;Rotterdam Convention on Prior
Informed Consent(PIC), 1998; Stockholm
Convention on Persistent Organic Pollutants
(POPs), 2001.
 Rules under Environment
(Protection) Act, 1986 (EPA) for
Management of Hazardous Chemicals

• Manufacture, Storage and Import of

Hazardous Chemicals (MSIHC) Rules in
1989 amended in 1994 and again in 2000

• Chemical Accidents (Emergency Planning,

Preparedness and Response) Rules, 1996
(EPPR).

• Environment Impact Assessment

Notification,2006
Manufacture, Storage and Import of Manufacture,
Storage and Import of Hazardous Chemicals
(MSIHC) Rules 1989 amended in 1994 and 2000

• Lay down the regulatory framework for units handling any

one of the 684 listed chemicals / isolated storage of such
chemicals.

• “an occupier shall not undertake any industrial activity…

unless he has prepared a Safety Report on that industrial
activity…..”(Rule 10).

• A detailed framework of the Safety Report of which risk or

hazard assessment forms an integral component (Schedule
8).
Storage and Import of Hazardous Chemicals
(MSIHC) Rules 1989 amended in 1994 and 2000

Under these Rules, a hazardous industry is required to

identify major accident hazards, take adequate preventive
measures and submit a safety report to the designated
authority. An importer of hazardous chemicals must furnish
complete product safety information to the competent
authority and must transport the imported chemicals in
accordance with the Centre Motor Vehicle Rules, 1989.
Hazardous Chemicals (MSIHC) Rules
1989 amended in 1994 and 2000

• Schedule 1: Indicative Criteria (Toxic Chemicals,

Flammable Chemicals and Explosive) and list of hazardous
and toxic chemicals.

• Schedule 2: Isolated storage at installation (other than

those covered by Schedule 4)

• Schedule 3: List of hazardous chemicals (Group 1 - Toxic

Substances – 99, Group 2 Toxic Substances – 25, Group 3 -
Highly Reactive Substances – 25 and Group 4 Explosives –
30) for application of Rules 5 and 7 to 15.

• Schedule 4: List of hazardous process and operations

• Schedule 5: Name of authorities with legal backing & their

duties/role

• Schedule 6: Format for information to be furnished

Hazardous Chemicals (MSIHC) Rules
1989 amended in 1994 and 2000

• Schedule 7: Format for information to be furnished

for the approval and notification of Sites.

• Schedule 8: Format for information to be furnished in

a Safety Report

• Schedule 9: Sample of Safety Data Sheet.

• Schedule 10: Format for maintaining records for

import of hazardous chemicals imported.

• Schedule 11: Format for details to be furnished in the

On – Site Emergency Plan.

• Schedule 12: Format for details to be furnished in the

Off – Site Emergency Plan.
Chemical Accidents (Emergency Planning,
Preparedness and Response) Rules, 1996
(EPPR)

Envisage setting-up of Central, State,

District and Local level Crisis Groups
for management of chemical
accidents.
ENVIRONMENT IMPACT ASSESSMENT
NOTIFICATION,2006
NOTIFICATION, 2006
• The basic objective of EIA is to identify, predict and evaluate the likely
impacts and address the same by a comprehensive management
plan. Needless to mention, this includes the Risk Analysis and
Disaster Management Plan.
• Before granting the Environmental Clearance, EIA/Environmental
Management Plan (EMP and Risk Assessment & Disaster Management
Plan (DMP) Reports are assessed. The objective is to foresee and
address potential environmental problems/concerns at an early stage
of project planning and design.
 HAZARDOUS WASTE

hazardous waste” means any waste which by

reason of any of its physical, chemical,
reactive, toxic, flammable, explosive or
corrosive characteristics causes danger or is
likely to cause danger to health or
environment, whether alone or when in
contact with other wastes or substances
 REGULATORY FRAMEWORK FOR HW
MANAGEMENT

 Hazardous Waste (Management , Handling and

Transboundary) Rules, 2008 as amended in 2009.

 Biomedical Waste (Management & Handling) Rules, 1998 as

amended in 2000 & 2003

 The Batteries (Management & Handling) Rules, 2001

 Import of Cyanide wastes, Mercury and Arsenic bearing

wastes have been banned from 26th December 1996.
 REGULATORY FRAMEWORK FOR HW
MANAGEMENT

 Import of wastes containing or contaminated with Beryllium, Selenium,

Chromium (hexavalent), Thallium and waste containing pesticides,
herbicides and insecticides and their intermediates/residues thereof
including out dated pesticides have been banned from 15th April 1998.
 Import of wastes containing or contaminated with Polychlorinated
biphenyls (PCBs), Polychlorinated terphenlys (PCTs), Polybrominated
biphenyls (PBBs) and Asbestos (dust and fibre) have been banned from
13th October 1998.

 Environmental Impact Assessment Notification , 14th September 2006.

 HW (M & H) RULES : SALIENT
FEATURES

 Contains 26 Sections, VII Schedules and 15 Forms.

 32 definitions- including HWs, ESM, used and
waste oil etc.
 HWs categorized. & Responsibilities of generators
of HW notified.
 All generators of HW to obtain authorization from
SPCBs.
 Disposal in common TSDF made mandatory.
 Disposal methods/ facilities defined.
 Import of HW for dumping prohibited.
HW (M & H) RULES: SALIENT
FEATURES

Import of HW for recycling/reprocessing regulated

by MoEF.
Registration procedure made statutory for identified
HWs.
Schedule- III harmonized with Annex VIII & Annex IX
of Basel Convention.
HW (M & H) RULES : SALIENT
FEATURES

 Schedule I: lLst of processes generating HWs (36)

(affirmative list).

 Schedule II: List of waste constituents with

concentration limits (81).

 Schedule III: Part A-contains List of Hazardous

Wastes Applicable for Import with Prior
Informed (Annexure VIII of the Basel
Convention); & Part B-contains List of
Hazardous Wastes applicable for import and
export not requiring Prior Informed (Annexure
IX of the Basel Convention) and Part C – contains
List of Hazardous Characteristics
HW (M & H) RULES : SALIENT
FEATURES

 Schedule IV: wastes applicable for registration.

 Schedule V: Part A- specifications for used oil.
and Part B - specifications of fuels derived from
waste oil.
 Schedule VI: responsibilities of various authorities.
 Schedule VII: HWs prohibited for
import/export
(30 categories)
HW (M & H) RULES : Salient Features
Forms appended to HW Rules

 Form – 1 : application for authorization.

 Form – 2 : grant of authorization by SPCB.
 Form – 3 : record maintenance by units.
 Form – 4 : filing of returns by occupier
 Form - 5: application for registration
 Form – 6 : filing of returns by Recycler.
 Form – 7 : application for import or exportof
HWs.
HW RULES SALIENT FEATURES

 Form - 8 : Application for Transboundary

movement
 Form -9 : Transboundary movement- Movement
Document
 Form -10 : Maintaining record of import and export
 Form -11 : Transport Emergency Card
 Form -12 : Marking of HW containers
 Form -13 : HW Manifest
 Form -14 : Accident Report
 Form -15 : Application for filing appeal
 SCHEDULE  1 : LIST OF HAZARDOUS
WASTES
Petrochemical processes and pyrolytic operations

 1.1 Furnace/reactor residue and debris*

 1.2 Tarry residues
 1.3 Oily sludge emulsion
 1.4 Organic residues
 1.5 Residues from alkali wash of fuels
 1.6 Still bottoms from distillation process
 1.7 Spent catalyst and molecular sieves
 1.8 Slop oil from wastewater
 SCHEDULE  1 : LIST OF HAZARDOUS
WASTES
Drilling operation for oil and gas production

 2.1 Drill cuttings containing oil

 2.2 Sludge containing oil

 2.3 Drilling mud and other drilling wastes*

SCHEDULE  1 : LIST OF HAZARDOUS
WASTES

Cleaning, emptying and maintenance of

petroleum oil storage tanks including ships

 3.1 : Oil-containing cargo residue, washing

water & sludge

 3.2 : Chemical-containing cargo residue and

sludge

 3.3 : Sludge and filters contaminated with oil

SCHEDULE  1 : LIST OF HAZARDOUS
WASTES
Petroleum refining/re-refining of used oil/recycling of
waste oil

 4.13 : Oily sludge/emulsion

 4.14 : Spent catalyst
 4.15 : Slop oil
 4.16 : Organic residues from process
 4.17 : Chemical sludge from waste water treatment
 4.18 : Spent clay containing oil