Overview of Chemicals Management Policy in India

Dr Pranav Tripathi​Deputy Director - Sustainability, Environment, and Regulatory Issues
Indian Chemical Council

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Contents➢ Overview of Indian Chemical Industry➢ Key Ministries and their Role in to Manage the Chemicals➢ Present Chemical Management System➢ Manufacture➢ Import➢ Export➢ Labelling and Packaging (GHS)➢ Challenges of Present Chemical Management system➢ Need of Risk Based Umbrella Rule To Manage the Chemicals
2Indian Chemicals Industry✓ Indian Chemicals Industry is a major player in the global market✓ 6th Largest producer of Chemicals in the world and 3rd in Asia1✓ 14th position in export of chemicals1✓ It contributes approximately 3% of the GDP.
✓ Indian Chemical Industry is US$220 Billion✓ Projected to grow by approx. 9% p.a. during 2020-25 to reach US$300
Billion by FY 2025
✓ Expected to hit the US$1 Trillion mark by FY 20402

1. “Exports of Indian chemicals register growth of 106% in 2021-22 over 2013-14”, Ministry of Commerce and Industry, 27 April 2022
2. “Indian chemical industry to be valued at $1 trillion by 2040”, The Economic Times, 01 March 2023
3Key Ministries and their Role in to Manage theChemicals: MoEF&CC
Ministry of Environment, Forest and Climate Change (MoEFCC) is the nodal agency inthe administrative structure of the Central Government for the planning, promotion, co-ordination andoverseeing the implementation of India's environmental and forestry policies and programmes.

Objective: Plan and implement
environmental policies➢ Conserving and surveying flora, fauna,
forests, and wildlife➢ Preventing and controlling pollution➢ Afforestation and regeneration ofdegraded areas➢ Protecting the environment➢ Ensuring the welfare of animals➢ Sustainable development of the Indian
Himalayan Environment➢ Mitigating land degradation

Power Conferred under Environmental
Protection Act, 1986
✓ Responsible for managing chemicaldisasters.
✓ Lifecycle management of chemicals
and wastes.
✓ To implement the principle of reducing,reuse, and recycling to achieveenvironmental sustainability.
4Key Ministries and their Role in to Manage theChemicals: MoC&F
Ministry of Chemicals and Fertilizers
1. Department of Chemicals andPetrochemicals
2. Department of Fertilizers
3. Department of Pharmaceuticals

Department of Chemicals andPetrochemicals✓ Formulating and implementing policies andprograms to promote the growth of thechemical and petrochemical sectors✓ Responsible for the Policy, planning,development, and regulation of thechemical and petrochemical industries

Key Deliverables of the DCPC
✓ Recent issuance of Quality Control Order of thevarious chemicals and petrochemicals, throughpower conferred under Bureau of IndianStandards (BIS) Act of 2016
✓ Statistics collection of chemical & Petrochemicals
relating to production, installed capacity,import, export, sales, through power conferredunder Collection of Statistics Act, 2008 andCollection of Statistics Rules, 2011
✓ Formulation of Draft Chemicals (Management &Safety) Rules, 20xx, through power conferredunder Environment (Protection) Act, 1986

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Act and Rules Applicable to Manage the Chemicals
for Manufacture and Import
Sr. No.

ActRuleMinistry

1

Environmental
Protection Act, 1986

Manufacture, Storage and Import ofMinistry of Environment,
Hazardous Chemical Rules, 1989
Forest and Climate Change(MSIHC Rules 1989), Amended in 1994
and 2000

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Environmental
Protection Act, 1986

Chemical Accidents (Emergency
Ministry of Environment,Planning, Preparedness and Response) Forest and Climate ChangeRules, 1996 (CAEPPR 1996)

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Motor Vehicles Act,1988

The Central Motor Vehicles Rules, 1989
(CMVR)
Transport of hazardous chemicals

4Environment
Ozone Depleting Substance Rules(Protection) Act 1986 (2000)

Ministry of Road, Transport,
Highways, and Shipping
Ministry of Environment,
Forest and Climate Change❖ About 41 Acts and Rules concerned with Chemicals,
mostly to manage the environmental issues
6Act, Rules and Ministry Applicable to Manage theChemicals for Export
Sr. No. Act

RuleMinistry1Motor Vehicles Act,
1988

The Central Motor Vehicles Rules,
1989 (CMVR)
Transport of hazardous
chemicals

Ministry of Road, Transport,
Highways, and Shipping

2Environment(Protection) Act 1986

Ozone Depleting SubstanceRules (2000)

Ministry of Environment, Forestand Climate Change

3Foreign Trade(Development andRegulation) Act, 1992
(FTDR Act)SCOMET (Special Chemicals,Organisms, Materials, Equipment,and Technologies)

Ministry of Commerce andIndustry

DGFT (Directorate General ofForeign Trade)❖ About 41 Acts and Rules concerned with Chemicals,
mostly to manage the environmental issues
71. Manufacture, Storage and Import of Hazardous
Chemical Rules, 1989 (MSIHC Rules 1989, 1994, 2000)
Objective:➢ Prevent major accidents from industrial activities➢ Limit the impact of accidents on the environment and humans➢ Provide a procedure for handling hazardous chemicals

The MSIHC Rules Include:➢ Containers must be clearly labeled with the contents, manufacturer orimporter name, and physical, chemical, and toxicological data.
➢ Occupiers must prepare on-site emergency plans, and district authorities must
prepare off-site emergency plans.
➢ Manufacturers must prepare Safety Data Sheets (SDS).
➢ Major chemical accidents must be reported to prescribed authorities.
82. Chemical Accidents (Emergency Planning,Preparedness and Response) Rules, 1996 (CAEPPR)➢ The rules provide statutory backup for crisis management and prescribe
criteria for identifying Major Accident Hazard (MAH) installations.
➢ The rules establish a four-tier crisis management system:✓ Central: The Central Government must establish a Central Crisis Group to manage
chemical accidents and set up a Crisis Alert System.
✓ State: The State Government must establish a State Crisis Group to manage
chemical accidents and required to meet at least once every three months.
✓ District: The District Crisis Group is the apex body in the district for dealing withmajor chemical accidents and required to meet at least once every 45 days.
✓ Local: The State Government is responsible for forming LCGs. The LCGs arerequired to meet at least once a month and send a copy of the proceedings to theDistrict Crisis Group.
Ministry of Environment, Forest and Climate Change (MoEF&CC) is the nodal Ministry for the management of chemical disasters.
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GHS and Hazard Communication➢ India has not officiallyadopted GHS for chemicals
yet.
➢ However, standard 16section GHS compliant
safety data sheets in
English is acceptable inIndia.
➢ The Draft Chemicals(Management and Safety)
Rules published in 2020intends to implement GHS
in India.

Current SDS Requirements in India
Current SDS requirements are given in the Schedule 9 of“The Manufacture, Storage and Import of Hazardous
Chemicals Rule, 1989”. It contains 9 sections:
Section 1: Chemical Identity
Section 2: Physical and Chemical Data Section
Section 3: Fire and Explosion Hazard Data Section
Section 4: Reactivity Data Section
Section 5: Health Hazard Data Section
Section 6: Preventive Measures Section
Section 7: Emergency and First Aid Measure
Section 8: Additional Information/ References
Section 9: Manufacturer/ Supplier Data10

Challenges of Existing Chemical Management
Rule: MSIHC and CAEPPR➢ Enhancing ratification and implementation of existing regulations.
➢ Expanding risk assessments and controls.

➢ Improving management capacity and raising awareness.
➢ Lack of a chemical inventory management system➢ Incorrect storage of hazardous substances can lead to fire and explosion risks. For
example, incompatible substances can mix and generate heat, fumes, gases, andvapors. Emergency services may not be able to identify the substances involved inincidents, which can delay mitigating actions➢ Minimizing generation of hazardous chemicals and wastes.
11Need of Risk Based Umbrella Rule
To Manage the Chemicals➢ In 2019, India published a draft National Action Plan for Chemicals (NAPC)➢ The plan has been prepared by the National Coordination Committee (NCC) – achemical committee set up by the Ministry of Environment, Forest andClimate Change (MoEF&CC), which is responsible for drawing up chemicals
legislation in the country.
➢ Draft NAPC made following recommendations:✓ Compile a national chemicals inventory;✓ Analyze and assess the risks of those chemicals;✓ Implement GHS;✓ Develop risk mitigation strategies, policies and regulations12

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