Pakistan Environmental Protection Agency Publishes Draft Hazardous Substances Rules

The Pakistan Environmental Protection Agency has recently published the draft Handling, Manufacture, Storage, Import of Hazardous Waste and Hazardous Substances Rules, 2024, in short the Hazardous Substances Rules, 2024. The draft rules are open for comments until 31 January 2024.

Substances included

Schedule I of the draft contains a list of the names and CAS numbers of 242 substances/substance groups that are considered as hazardous substances under the Hazardous Substance Rules, 2024.

The list includes persistent organic pollutants (POPs) listed under the Stockholm Convention, e.g. industrial chemicals such as polychlorinated biphenyls (PCBs) and pentachlorobenzene (PeCB), as well as pesticides such as aldrin, chlordane, and DDT. It also contains heavy metals such as mercury, cadmium and lead and their compounds.

Application for a licence

To apply for a licence to manufacture, import, transport, handle, store or dispose of  a hazardous substance, Form A of Schedule II of the draft rules must be submitted to the Pakistan Environmental Protection Agency along with an Environmental Impact Assessment (EIA) of the project, an approved building plan of the premises, a list of machinery and equipment installed, and a list of qualified personnel and the number of workers employed. Upon approval of an application a fee of 100,000 Pakistani rupees (approximately US$ 350) must be paid. The licence is valid for 3 years from the date of issue and is renewable.

Import Licence: To obtain a license to import hazardous substances into Pakistan, in addition to the information required in Form A, the applicant must provide details which include the port of entry, details of the transport from the exporting country to Pakistan, the quantity of the hazardous substance, the safety precautions to be taken and the intended use of the substance. An Environmental Impact Assessment (EIA) may also be required, depending on the intended use of the substance.

Hazardous substance Transport Licence: To obtain a licence for the transport of hazardous substances, the application must include, in addition to the information contained in Form A, details such as the names and addresses of the sender and recipient, the quantity of the substance, the mode of transport with details of the vehicle, the route from origin to destination, and the scheduled date and time of the transport.

Licence conditions

Packaging: Containers for hazardous substances must be suitably sized, constructed, and designed to prevent leakage during storage, transport, and use to ensure the safety of these processes. In addition, the design should prevent the hazardous substance from deteriorating in a way that would increase the likelihood of causing adverse environmental effects, either directly or in combination with other substances.

Labelling: The label must be legible and indelible and contain standard information about the substance and the licence holder. In addition, it must contain a warning statement consisting of the word DANGER! in red on a contrasting background, an image of a skull and crossbones and instructions for use, storage and handling.

Premises: The conditions for the premises in which a hazardous substance is manufactured, handled, stored or disposed of are specified in Schedule IV of the draft. In addition, the outdoor or gate of the premises must be fitted with a notice with the words DANGER! HAZARDOUS SUBSTANCE! in red on a contrasting background and a prominent image of a skull and crossbones.

Safety precautions: The licence holder must communicate specific safety precautions to individuals receiving hazardous substances, including reading and following container instructions, using protective clothing when opening containers, avoiding contact with skin or eyes, and refraining from eating, drinking, or smoking near hazardous substances. In addition, for workers handling hazardous substances, the licence holder must ensure age-appropriate employment, provide thorough safety training, and provide protective clothing and equipment. Other measures include the provision of water for personal and equipment washing, regular cleaning of protective equipment, regular medical check-ups for workers, and maintaining adequate fire-fighting and emergency equipment, along with a first-aid facilities on the premises.

Records: The licence holder is required to keep 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 substance is sold or supplied.