SPMCpk.com - Hazard Substance SEPA Rules

SEPA - Hazardous Substances Rules, 2014

CONTENTS

Rules.

  1. 1. Short title and Commencement.
  2. 2. Definitions.
  3. 3. Substances prescribed as hazardous substances.
  4. 4. Application for licence.
  5. 5. EIA of project or industrial activity.
  6. 6. Applicability of Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulation,2014.
  7. 7. Issue of Licence.
  8. 8. Conditions of Licence.
  9. 9. Packing and labeling.
  10. 10. Conditions for premises.
  11. 11. General safety precautions.
  12. 12. Safety precautions for workers.
  13. 13. Validity of Licence.
  14. 14. Renewal of Licence.
  15. 15. Cancellation of the licence.
  16. 16. Entry, inspection land monitoring.
  17. 17. Safety plan.
  18. 18. Notification of major accident.
  19. 19. Waste management plan.
  20. 20. Import of hazardous substances.
  21. 21. Transport of hazardous substances.
  22. 22. Other approvals.

Schedule-I (List of Prescribed Hazardous Substances or Any other synthetically Chemical).

Schedule-II (Form-A) Application for grant/renewal of licence for hazardous substance.

Schedule-II(Form-B) Licence for hazardous substance.

Schedule-III Licence fees.

Schedule-IV Conditions for premises.

Schedule V, Notification of major accident.

GOVERNMENT OF SINDH

SINDH ENVIRONMENT PROTECTION AGENCY

Karachi dated the 16th, December, 2014.

NOTIFICATION

NO.E P A / T E C H / 7 3 9 / 2 0 1 4 :- In exercise of the powers conferred by section 36 of the Sindh Environmental Protection Act, 2014, the Sindh Environmental Protection Agency, with the approval of the Government is pleased to make the following rules, namely:-

1. Short title and commencement. (1) These rules may be called the Hazardous Substances Rules, 2014. (2) They shall come into force at once. 2. Definition. (1) In these rules, unless there is anything repugnant in the subject or context - (i) “Act” means the Sindh Environmental Protection Act, 2014; (ii) “Director-General” means the Director-General of the Agency; (iii) “environmental impact assessment” means an environmental impact assessment as defined in clause (xv) of section 2; (iv) “major accident” means an occurrence resulting from uncontrolled developments during industrial activity or from natural events which is likely to cause an adverse environmental effect, involving substantial loss of life and property; (v) “section” means a section of the Act; (vi) “Schedule” means Schedule to these rules; and (vii) “worker” shall have the same meaning as defined in clause (h) of section 2 of the Factories Act, 1934 (XXV of 1934). (2) All other words and expressions used in these rules but not defined shall have the same meanings as are assigned to them in the Act. 3. Substances prescribed as hazardous substances. As provided in sub- clause (b) of clause (xxv) of section 2, substances listed in Schedule-I are hereby prescribed as hazardous substances. 4. Application for licence. An application for grant of licence under section 13 shall be filed with the Agency in Form-A of Schedule-II: Provided that an applicant for grant of licence to import or transport a hazardous substance shall, in addition to information in Form-A, also provide details mentioned in sub-rule (1) of rules 20 and 21 respectively. 5. EIA of project or industrial activity. (1) An application for grant of licence filed under rule 4 shall be accompanied by an environmental impact assessment of the project or industrial activity involving generation, collection, consignment, transport, treatment, disposal, storage, handling or import of a hazardous substance in respect of which the licence is sought. (2) The environmental impact assessment submitted by the applicant shall include – (a) a safety plan, containing information specified in sub-rule (1) of rule 17; (b) a waste management plan, if hazardous waste shall be generated by the project or industrial activity, containing information specified in sub-rule (1) of rule 19. 6. Applicability of Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2014. The environmental impact assessment accompanying an application for grant of licence shall be prepared, scrutinized, reviewed and decided in accordance with the provisions of the Sindh Environmental Protection Agency (Review Initial Environmental Examination and Environmental Impact Assessment) Regulations 2014. 7. Issue of Licence. (1) Where the Director General approves an application for grant of licence, the applicant shall be informed accordingly and directed to deposit with the Agency, a licence fee at the rate specified in Schedule-III. (2) On receipt of the licence fee, the Agency shall issue a licence in Form-B of Schedule-II. (3) If a licence is defaced, damaged or lost, duplicate thereof shall be issued on payment of such fee as specified in Schedule-III. 8. Conditions of licence. (1) A licence granted under section 13 shall be subject to the conditions of approval of the environmental impact assessment accompanying the application for licence. (2) Without prejudice to the provisions of sub-rule(1), a licence granted under section 13 shall also be subject to the following conditions:- (a) the licensee shall employ qualified technical personnel having necessary knowledge and experience regarding the use, storage and handling of the hazardous substance, and safety precautions relating thereto; (b) the hazardous substance shall be packed and labeled in accordance with rule 9; (c) the premises of the licensee shall comply with the conditions laid down in rule 10; (d) the licensee shall ensure compliance with the provisions of rules 11 and 12 regarding safety precautions; (e) the licensee shall provide necessary information, and where required training, to the persons to whom the hazardous substances are sold or delivered, regarding the use, storage and handling of the hazardous substances, and safety precautions relating thereto; (f) the licensee shall maintain a detailed record of the quantity, type, quality and origin of the hazardous substance and the names and addresses of the persons to whom the hazardous substances are sold or delivered; and (g) the licensee shall not extend his operation beyond the scope of the project or industrial activity in respect of which the environmental impact assessment has been submitted and approval granted. (2) The Agency may, in the light of its review of the environmental impact assessment, require that the licensee maintain adequate insurance cover for any aspect of his operation. (3) The licensee shall provide copy of approval from importing country under the international convention and protocol. 9. Packing and labeling.- (1) A container of a hazardous substance shall be of such size, material and design as to ensure that – (a) it can be stored, transported and used without leakage and safely; (b) the hazardous substance therein does not deteriorate in a manner as to render it more likely to cause, directly or in combination with other substances, an adverse environmental effect. (2) The following information shall be printed conspicuously, legibly and indelibly on every container of a hazardous substance:- (a) name of the hazardous substance; (b) name, address and licence number of the licensee; (c) net contents (volume or weight); (d) date of manufacture and date of expiry, if any; (e) a warning statement comprising – (i) the word “DANGER!” in red on a contrasting background; (ii) a picture of a skull and cross-bones; (iii) pertinent instructions for use, storage and handling and safety precautions relating thereto. (f) instructions regarding return or disposal of the empty container: Provided that if the hazardous substance has an inner container as well as an outer container, the information shall be printed on both containers: Provided further that if it is impracticable to print the aforesaid information on the container itself due to its size, material or design, the same shall be printed on a label or tag which shall be conspicuously affixed or attached to the container in such manner as to render it difficult to remove. The empty chemical containers or drums may not be used for other purposes: (g) basic instructions mentioning immediate steps to be taken in case of any accident or emergency, preferably in local language. 10. Conditions for premises. (1) The premises in which a hazardous substance is generated, collected, consigned, treated, disposed of, stored or handled shall - (a) comply with the conditions specified in Schedule-IV; (b) be fitted with a notice on the outer door or gate bearing the following information:- (i) the words “DANGER ! HAZARDOUS SUBSTANCE!” in red, on a contrasting background; and (ii) a prominent picture of a skull and cross-bones. (2) In case of import of hazardous substances, proponent shall provide approval from Climate Change Division (International Convention Wing) Government of Pakistan. 11. General safety precautions. (1) A licensee shall ensure that the following safety precautions are conveyed to persons to whom the hazardous substances are sold or delivered:- (a) carefully read and follow the instructions and safety precautions printed on the container; (Urdu or local language translation of the same may be preferably given to the local buyers); (b) when opening the container, wear protective clothing and equipment including helmet or cloth cap, safety spectacles or goggles, respirator or mask, rubber or plastic gloves, and work boots, as may be required; (c) avoid contact of the hazardous substance with exposed skin or eyes, and if such contact occurs, wash the exposed area immediately and consult a doctor; (d) avoid contaminating clothing, gloves and footwear with the hazardous substance, and if such contamination occurs, remove the clothing, gloves and footwear immediately and wash the same thoroughly before reuse; (e) do not eat, drink or smoke in the vicinity of hazardous substances. (2) The general safety precautions mentioned in sub-rule (1) shall be in addition to such other specific precautions or measures that may be required to be conveyed by the licensee for a particular hazardous substance. The licensee will be bound to inform the Agency, the details of his subsequent consignments as the licence will be issued for a period of one year under section 13. 12. Safety precautions for workers. A licensee shall ensure that the following safety precautions are taken in respect of workers employed by him for handling hazardous substances:- (a) No worker aged below eighteen years or over sixty years shall be employed for any job involving physical handling of hazardous substances. (b) All workers shall be thoroughly trained in safety precautions for handling hazardous substances and shall be supervised by qualified supervisors. (c) Protective clothing and equipment comprising helmet or cloth cap, safety spectacles or goggles, respirators or masks, rubber or plastic gloves and work-boots shall be available for all workers who may be exposed to any hazardous substance, and no worker shall be permitted on job unless and until he is wearing such protective clothing and equipment. (d) Adequate supply of water shall be made available to the workers for personal washing as well as for washing their protective clothing and equipment. (e) Protective clothing and equipment of the workers shall be washed and cleaned as often as may be required to ensure their efficacy. (f) No worker shall be permitted to eat, drink or smoke till he has removed his protective clothing and equipment, washed his hands and face, and left the place of work. (g) All fire-fighting, emergency and safety equipment shall be frequently checked and properly maintained. (h) First-aid medical facility equipped with required antidotes shall be available in the premises, supervised by trained staff. (i) Medical check-up of all workers shall be carried out at the time of employment and at least once a year thereafter. (j) A record of every worker shall be maintained containing, amongst other details, his name and address, his medical check-up history, and the hazardous substances handled by him. 13. Validity of licence. A licence issued under rule 7 shall be valid for a period of one year from the date of issue: Provided that if an application for renewal is made under rule 14, the licence shall continue to remain valid till the application for renewal is decided. 14. Renewal of licence. An application for renewal of licence shall also be made to the Federal Agency in Form-A of Schedule II, at least 30 days before the date of its expiry. (i) An application for renewal shall be accompanied by a brief update of the original environmental impact assessment, unless changes in circumstances require submission of a fresh environmental impact assessment. (ii) the fee for renewal of licence shall be as provided in Schedule-III, and the licence issued on receipt thereof shall also be in Form-B of Schedule II. (iii) the fee for duplicate copy of licence shall be as provided in Schedule- III and the licence issue on the receipt thereof shall also be in Form-B of Schedule-II. 15. Cancellation of the licence. (1) Notwithstanding anything contained in these rules, if at any time on the basis of information or report received or inspection carried out, the Agency is of the opinion that the conditions of the licence have not been complied with, or that the information supplied by the licensee in his application or approved environmental impact assessment is incorrect, it shall issue notice to the licensee to show cause, within two weeks of receipt thereof, why the licence should not be cancelled. (2) If no reply is received or if the reply is considered unsatisfactory, the Agency may, after giving the licensee an opportunity of being heard - (i) require the licensee to take such measures and to comply with such conditions within such period as it may specify, failing which the licence shall stand cancelled; or (ii) cancel the licence. (3) On cancellation of the licence under sub-rule (2), the licensee shall cease his operations forthwith. (4) The action taken under this rule shall be without prejudice to any other action that may be taken against the licensee under the Act or rules or regulations or any other law for the time being in force. 16. Entry, inspection and monitoring. (1) For the purposes of verification of any matter relating to the conditions of the licence, duly authorized staff of the Agency shall be entitled to enter and inspect the premises in which the hazardous substance is being generated, collected, consigned, treated, disposed of, stored or handled: year. Provided that the Agency shall inspect the premises at least once a (2) The licensee shall ensure cooperation of his staff at the premises to facilitate the inspection mentioned in sub-rule (1). (3) The licensee shall provide such information as may be required by the Agency for effective monitoring of compliance by the licensee with the conditions of the licence. 17. Safety plan. (1) The safety plan to be submitted by an applicant under clause (a) of sub-rule (2) of Rule 5 shall include – (a) an analysis of major accident hazards relating to the hazardous substance involved; (b) an assessment of the nature and scope of the adverse environmental effects likely to be caused by major accidents; (c) a description of the safety equipment and systems installed and safety precautions taken; and (d) a description of the emergency measures proposed to be taken on and off the premises of the applicant to control a major accident, and to mitigate its adverse environmental effect. (2) Before issue of the licence, the Agency shall, in consultation with other relevant Government Agencies and Departments including the licensee, review the safety plan to ensure that it covers all anticipated contingencies and all emergencies likely to result from a major accident involving the hazardous substance involved, and that the concerned Government Agencies, Departments and the licensee are aware of their specific responsibilities thereunder. (3) After issue of the licence, the licensee shall ensure that all persons liable to be affected by the approved safety plan are informed of the relevant provisions thereof. 18. Notification of major accident. (1) Where a major accident occurs on the premises of a licensee, the licensee shall immediately notify the Agency concerned and shall submit within twenty four hours and weekly thereafter, a report in Schedule-V. (2) On receipt of the report under sub-rule (1), the Agency shall require the licensee to carry out a detailed environmental audit of the major accident and initiate necessary action, in accordance with the approved safety plan or otherwise, to control the major accident, mitigate its adverse environmental effect and prevent it from recurring. 19. Waste management plan. (1) The waste management plan, if required to be submitted by an applicant under clause (b) of sub-rule (2) of rule 5, shall - (a) provide for the generation, collection, transport and disposal of the hazardous waste in a manner which shall protect against an adverse environmental effect; (b) ensure that the hazardous waste is not mixed with non- hazardous waste, unless the applicant can prove that such mixing will better protect against an adverse environmental effect. (2) The waste management plan shall be reviewed every year by the licensee to take into consideration the development of new technologies and management practices which can better protect against an adverse environmental effect, and if required revised waste management plan and fresh environmental impact assessment shall be submitted with the application for renewal of license. (3) If the waste management plan provides for export of the hazardous waste, such export shall only be allowed if it is in accordance with a bilateral, multilateral or regional agreement or arrangement that conforms to the requirements of Article 11 of the Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, Basel, 1989. (4) The licensee shall inform the Agency on a yearly basis about - (a) the quantity and characteristics of hazardous waste generated in the previous year; and (b) progress regarding implementation of the waste management plan. 20. Import of hazardous substances. (1) The applicant shall, for grant of licence to import a hazardous substance in addition to the information contained in Form-A of Schedule II, also provide the following details:- (i) port of entry into Province of Sindh; (ii) particulars of transport from exporting country to Pakistan; (iii) quantity of hazardous substance being imported; (iv) complete information pertaining to safety precautions to be adopted; and (v) the purpose for which the hazardous substance is to be utilized, alongwith environmental impact assessment in respect thereof, if required under rule 5. (vi) Licensee shall provide copy of approval from Climate Change Division (International Convention Wing) Government of Pakistan under the provisions of International Convention and Protocol. (2) If the licence applied for is granted, the concerned Federal Agency or Ministry and the Agency and port authority concerned, shall ensure that proper steps are taken for safe off-loading, handling and storage of the hazardous substance on arrival at the port. 21. Transport of hazardous substances. (1) The applicant shall, for grant of licence for transport of a hazardous substance in addition to the information contained in Form-A of Schedule II, also provide the following details :- (i) name and address of the person from whom the hazardous substance is to be collected; (ii) name and address of the person to whom the hazardous substance is to be delivered; (iii) quantity of hazardous substance to be transported; (iv) mode of transport, including full particulars and specifications of the motor vehicles or other conveyance; (v) route to be adopted between the origin and destination; (vi) date and time of proposed transportation; (vii) nature of waste which may be liquid or solid and its toxicity along with Material and Safety Data Sheet (MSDS); and (viii) contingency or emergency response plan. (2) If the licence applied for is granted, the Agency shall ensure that the Government Departments or Agencies concerned are informed of the relevant particulars of the transportation, for taking necessary safety precautions and other measures. 22. Other approvals. The issuance of a licence under section 13 read with rule 7 shall not absolve the licensee to obtain any other approval or consent that may be required under any law for the time being in force. DIRECTOR GENERAL SINDH ENVIRONMENTAL PROTECTION AGENCY

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SCHEDULE-I (see Rule 3)

List of Prescribed Hazardous Substances or Any Other Synthetically Chemical.

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  1. under a licence issued by the Agency; or
  2. in accordance with the provisions of any other law, rule, regulation or notification for the time being in force, or of any international treaty, convention, protocol, code, standard, agreement or other instrument to which Government is a party.

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