Enforcement of provisions of Rule 18 on MSIHC (Manufacture, Storage and Import of Hazardous Chemical) Rules, 1989 on Imports of Hazardous Chemicals - Customs - 31/2018

MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS, CHENNAI-II CUSTOMS HOUSE, 60, RAJAJI SALAI, CHENNAI - 600001 Phone: 044 25230371, Fax: 044 25267778 F.NO. S.MISC.16/2018- APPG MAIN (IMPORTS) DATED: 07.05.2018 PUBLIC NOTICE NO. 31/2018 Sub: Enforcement of provisions of Rule 18 on MSIHC (Manufacture, Storage and Import of Hazardous Chemical) Rules, 1989 on Imports of Hazardous Chemicals reg. ********* It is informed to all stakeholders that the CPCB (Central Pollution Control Board) and TNPCB (Tamil Nadu Pollution Control Board) have issued certain directions vide CPCB letter B- 29014/IPC-1/M SIHC/13340 dated 07.11.2017 and TNPCB letter No. TS2/TNPCB/30233/MSIHC 2017-3 DATED 21.12.2017 and the same are reproduced below for strict compliance in import of hazardous chemicals at Chennai Customs. 1. The rule 18 of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 as amended in 2000, shall apply to a chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in Column 2 of Part II of the Schedule. 2. Any person responsible for importing hazardous chemicals in India shall provide at the time of import or within thirty days from the date of import to the concerned authorities as identified in Column 2 of Schedule 5 (Tamil Nadu Pollution Control Board) the information pertaining to :- (i) The name and address of the person receiving the consignment in India; (ii)The port of entry in India; (iii)Mode of transport from the exporting country to India; (iv)The quantity of chemical(s) being imported; and (v)Complete product safety information The product Safety information requires to be developed as per format specified in Schedule 9 by complying with the provisions of Rule 17 of the said Rules. 3. If the concerned authority at the State is satisfied that the chemical being imported is likely to cause major accident, it may direct the importer to take such steps including stoppage of such imports as the concerned authority at the State may deem it appropriate. 4. The concerned authority at the State shall simultaneously inform the concerned Port Authority to take appropriate steps regarding safe handling and storage of hazardous chemicals while off-loading the consignment within the port premises. 5. Any person importing hazardous chemicals shall maintain the records of the hazardous chemicals imported as specified in Schedule 10 and the records so maintained shall be open for inspection by the concerned authority at the State or the Ministry of Environment and Forests or any officer appointed by them in this behalf. 6. The importer of the hazardous chemicals of a person working on his behalf shall ensure that transport of hazardous chemicals from port of entry to the ultimate destination is in accordance with the Central Motor Vehicles Rules, 1989 framed under the provisions of the Motor Vehicle Act, 1988. 7. The importer shall carry out the storage at the Custom Bonded Warehouses, Container Freight Stations and Container Terminals and the imprted hazardous chemicals during transit should be handled with requisite equipment and trained man power to deal with emergency situations. 8. It is therefore emphasized the all stakeholders shall abide by the said rules in this matter (a)To ensure that all import of hazardous chemicals is notified to the TNPCB at the time of import or within thirty days from the date of import as required under Rule 182 of the said rules. (b)Any instructions issued by the CPCB under Rule 18-3 and 18-4 of the said rules shall be compiled with. (c)Any instructions given by the Customs Department and the Custodians of Port, Customs Bonded Ware Houses, Container Freight Stations and Container Terminals shall be followed. The copy of Schedule 9 (as per Rule 17 for Safety Data Sheet) and Schedule 10 is attached with this PN for ease of Compliance by stakeholder. (R. SRINIVASA NAIK) COMMISSIONER OF CUSTOMS IMPORTS COMMISSIONERATE