Visakhapatnam Gas Leak • Context

RSTV: Big Picture: Visakhapatnam Gas Leak

 Context: A poisonous gas leaked from a storage tank in a polymer factory near Visakhapatnam in Andhra Pradesh reportedly killed 11 people and affected more than 1,000 in the early hours. Another gas leak at a paper mill in the industrial town of Raigarh in Chhattisgarh sent seven workers to the hospital, and a boiler blast at a thermal power station in Tamil Nadu injured three.  The gas that leaked from Korean company LG Polymers’ plant in Visakhapatnam was styrene, a hazardous chemical which goes into the making of polystyrene; the marshmallow-like material the ubiquitous white cups at coffee and tea vends are made of.

 What is Styrene?  Styrene is a colourless, toxic, organic compound but could become deadly when it mixes with air.  It reacts with oxygen, turning into monoxides and dioxides that are far more lethal than the original derivative of benzene, a carcinogenic chemical.  Styrene has a high boiling point of 145 degree centigrade. Owing to its nature, it needs to be stored in a temperature-controlled tank.  Styrene is used in production of polystyrene plastics, rubber fiberglass and latex.  It is also found in cigarette smoke, vehicle exhaust and natural foods like vegetables and fruits. How does styrene exposure cause harm?  Respiratory issues, irritation in eyes and mucous membranes, and gastrointestinal problems can be caused with short-term exposure to the substance.  If exposed for a longer duration, a person’s central nervous system can be affected leading to many problems. It can also cause cancer in some cases or induce depression in a few.  During exposure to styrene gas, a person can feel symptoms like headache, loss in hearing, fatigue, weakness, and difficulty in concentrating among others.

 ‘Strict Liability’ Law:  National Green Tribunal slapped an interim penalty of Rs 50 crore on LG Polymers India.  Leakage of hazardous gas at such a scale adversely affecting public health and environment, clearly attracts the principle of ‘Strict Liability’ against the enterprise engaged in hazardous or inherently dangerous industry.  The rule of strict liability, which has been applied around the world in both civil and criminal law, first evolved in the 1868 British case Rylands vs Fletcher.  Strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.  The defences against the rule include among others– consent, common benefit, an act of a stranger, an act of God, and contributory negligence.  In 1986, the Supreme Court in MC Mehta vs Union (known as the Oleum gas leak case) evolved its own rule of ‘absolute liability’– providing no exceptions for hazardous industries and holding them absolutely liable.

 Disaster:  It can be defined as a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.  Constitutional point of view:  Disaster Management‖ is not expressly mentioned in any of the entries in Schedule VII of the Constitution (List I).  However, the State Governments are provided financial assistance for meeting expenditure on identified natural calamities on the basis of the recommendations of the Finance Commission.  The two entries in the State List that are remotely related to the subject of disaster management are entry 14, which deals with agriculture, including protection against pests and plant diseases, and entry 17 which deals with water, including water supply, drainage and embankments.  The legislation on disaster management has been related to entry 23 (social security and social insurance) in the Concurrent list of the Constitution and the States would also be able to make their own legislation on the subject.  Article 21 of the Indian Constitution casts a positive obligation on the State to take all possible steps for prevention, preparedness and mitigation of disasters.  Article 38 directs State to promote the welfare of the people.  Article 51 directs State to honour the international treaty obligations. India is a party to a number of international treaties on environment which contain specific provision on disaster management.  Disasters generally can be divided into natural hazards and unnatural or man- made disasters.  Natural disasters will include earthquake, cyclone, tsunami, hailstorms, flood, drought, glacial movements etc. Man–made disasters include chemical, industrial and nuclear disasters.

 Chemical disasters:  They are a by- product of industrialization.  The Indian chemical industries comprise small, medium and large-scale units.  The chemical industry which includes basic chemicals and their intermediates, petrochemicals, fertilizers, paints, pesticides, bulk-drugs and pharmaceuticals is one of the most diversified industrial sectors covering more than 70,000 commercial products.

The state of chemical disaster risk in India:  According to the National Disaster Management Authority (NDMA), in the recent past, over 130 significant chemical accidents have been reported in the country, which have resulted in 259 deaths and caused major injuries to more than 560 people.  There are over 1861 Major Accident Hazard (MAH) units spread across 301 districts and 25 states and three Union Territories in all zones of the country.  Further, there are thousands of registered and hazardous factories and unorganised sectors dealing with numerous ranges of hazardous material posing serious and complex levels of disaster risks.  India witnessed the worst Industrial disaster in the history in the year 1984, the Bhopal Gas Tragedy.  Following the Bhopal Gas Disaster in 1984, major incidences of chemical disasters in India include a fire in an oil well in Andhra Pradesh (2003); a vapour cloud explosion in the Hindustan Petroleum Corporation Limited Refinery (HPCL), Vishakhapatnam (1997); and an explosion in the Indian Petrochemicals Corporation Limited (IPCL), Gas Cracker Complex, Nagothane, Maharashtra and recent Jaipur Fire in 2009.  Bhopal Gas Tragedy (1984) is noted as the worst industrial (chemical) disaster in the history, besides Minemata (1956), Sevaso (1976), Three Mile Island (1979), Chernobyl (1986) among a long list of major technological disasters.

Regulatory Framework for management of Chemical Disasters:  One way to better understand this regulatory framework is to group them into four loose categories based on the purpose they serve –occupational health, hazardous chemicals, mitigation of accidents and redressal for victims.  Rules governing the safety of the workers employed in factories and industries: 1. Indian Factories Act, 1948 2. The Dock Workers (Safety, Health & Welfare) Act, 1986  They fall within the domain of labour legislation.  These legislations regulate working conditions of individuals employed at sites of industrial activity and prescribe rules for the maintenance of site safety.  Labour laws in India are currently being reformed and a consolidated Occupational Safety, Health and Working Conditions Code have been introduced in the Lok Sabha in 2019.  Regulations dealing directly with the handling of hazardous chemicals: 1. Manufacture, Storage, and Import of Hazardous Chemicals (MSIHC), Rules, 1989: rules are only applicable to specific hazardous chemicals. The rules prescribe safety measures to be taken by industrial installations handling hazardous chemicals. 2. The Chemical Weapons Convention Act, 2000 which adopts the International Chemical Weapons Convention, also prohibits the use and acquisition of certain toxic chemicals, in addition to regulating chemical weapons.  The mitigation of chemical accidents once they have already occurred is regulated by: 1. Chemical Accidents (Emergency Planning, Preparedness and Response) (CAEPPR) Rules, 1996. 2. Disaster Management Act of 2005.  Set of laws provide recourse to victims of such accidents:

1. Bhopal Gas Leak (Processing of Claims) Act, 1985: gives powers to the central government to secure the claims arising out of or connected with the Bhopal gas tragedy. Under the provisions of this Act, such claims are dealt with speedily and equitably. 2. Public Liability Insurance Act, 1991 which is an insurance meant to provide relief to persons affected by accidents that occur while handling hazardous substances.

Other rules and acts:  Environment Protection Act, 1986, which gives powers to the central government to undertake measures for improving the environment and set standards and inspect industrial units.  The National Environment Appellate Authority Act, 1997, under which the National Environment Appellate Authority can hear appeals regarding the restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986.  National Green Tribunal, 2010, provides for the establishment of a National Green Tribunal for effective and expeditious disposal of cases related to environmental protection and conservation of forests.  Explosive Act 1884 and explosive Rules 2008  The Petroleum Act, 1934  The Insecticide Act, 1968  Factories Act, 1948 and Rules made there under  Factories Act and Factories Amendment Act 1987  Static & Mobile Pressure Vessels Rules, 1981  The Environment (Protection) Rules, 1986 (amended 2004).  The Manufacture Storage, Import and transboundary movement of Hazardous Chemicals Rules (2008 amended in 2009)  The Hazardous Wastes (Management and Handling) Rules, 1989 (amended 2000 and 2003).  The Explosives Act, 1884  The Gas Cylinder Rules, 2004.  The Static and Mobile Pressure Vessels (Unfired) Rules, 1981 (amended 2002).  Biomedical Wastes (Management & Handling) Rules, 1998/2000 and the Batteries (Management & Handling) Rules, 2001, and Hazardous Microorganism Rules, 1989.

The Disaster Management Act, 2005:  It provides for constitution of a number of institutions at national, state and district levels.  At the national level, the Act establishes the National Disaster Management Authority headed by the Prime Minister. The model is replicated at the State level with State Disaster Management Authorities.  National Disaster Management Authority is responsible for laying down policies and guidelines on disaster management. State Disaster Management Authorities also lays down policies and plans for disaster management in their respective states.  District Disaster Management Authorities are the planning, coordinating and implementing bodies for disaster management in the district.

 The Act also provides for a National Institute of Disaster Management for human resource development in the field of disaster management.  Besides these, a National Disaster Response Force has been constituted. As part of it, ten battalions of National Disaster Response Force (NDRF) comprising 144 specialized teams trained in various types of natural, man-made and non-natural disasters have been set up.  National Fire Service College at Nagpur trains personnel of State fire services/brigades in fire engineering.  National Civil Defense College, Nagpur acts as one of the chief centres for disaster relief and management training. It is also a nodal centre for radiological, nuclear, biological and chemical emergency response.  Depending upon the type of disaster, different ministries have been designated as the nodal ministry. . The Ministry of Home Affairs is the nodal ministry for natural disasters. Drought relief comes upon the operation of Ministry of Agriculture, Air Accidents are looked upon by Ministry of Civil Aviation while Ministry of Railways is responsible for handling railway accidents. . Chemical disasters are handled by Ministry of Environment & Forests. . Department of Atomic Energy is responsible for handling nuclear disasters while biological disasters come under the purview of Ministry of Health.

National Guidelines on Chemical Disaster Management:  The guidelines provide that the main stakeholders in the management of chemical disasters are Ministry of Environment and Forests (MoEF; the nodal ministry); Ministry of Home Affairs (MHA); Ministry of Health and Family Welfare (MoH & FW); Ministry of Labour and Employment (MoLE); Ministry of Agriculture (MoA); Ministry of Shipping, Road Transport and Highways (MoSRT & H); Ministry of Defense (MoD); Ministry of Chemicals and Fertilizers (MoC & F); Ministry of Petroleum and Natural Gas (MoP & NG), Department of Atomic Energy (DAE); state governments and Union Territories (UTs) and the chemical industries.

 The aims and objectives of the Guidelines focus on all aspects of the DM cycle to assist the ministries and departments of the Government of India, state governments and other agencies to prepare DM plans.  It furnishes an overview of the institutional framework with details of the monitoring mechanisms and compliance by central and state governments.  It also provides an overview of the functioning of research institutes, autonomous bodies, professional institutes, Non-Governmental Organizations (NGOs) and MAH units, their

compliance to statutory safeguards, and the efforts of the MoEF in setting up crisis management groups in industrial areas to ensure chemical safety.  It gives an overview of the gaps identified in various aspects of the management of chemical accidents, transport accidents and medical emergencies.  The management of chemical disasters will aim at prevention and mitigation with the introduction of safer process technologies, improved performance of safety devices and reduction of human error.  Immediate effects of a disaster can be mitigated through installing engineering systems like scrubbers, flares and venting systems.  It includes comprehensive guidelines for a regulatory framework, code of practises, procedures and standards, testing and information, technical and technological information, preparedness including education, training, creation of appropriate infrastructure, capacity development, awareness generation, institutional framework, networking and communication, R&D, and response, relief and rehabilitation for CDM.  It comprises comprehensive guidelines for installations and storages (including isolated storages of HAZCHEM) that contain good engineering practises for safety, accident reporting, investigation and analysis checklists and safety promotional activities as important tools for effective CDM.

International Management of disasters:  The United Nations General Assembly designated the 1990s as the International Decade for Natural Disaster Reduction (IDNDR).  A significant step in this regard was the 1st World Conference held in 1994 wherein the Yokohama Strategy and Plan of Action was given effect.  The 2002 World Summit on Sustainable Development re-enforced awareness of the need for risk and vulnerability reduction in order to secure sustainable development.  The third world conference adopted the Sendai framework for Disaster Risk Reduction 2015- 2030.  Previous included the Hyogo Framework for Action 2005-2015.  Agenda 21 provides for environmentally sound management of toxic chemicals, including prevention of illegal international traffic in toxic and dangerous products.  Johannesburg Plan of Implementation supporting entry into force of the Rotterdam PIC Convention by 2003 and the Stockholm POPs Convention by 2004. The Plan of Implementation also contains commitments to: • reduce the significant effects of chemicals and hazardous waste on human health and the environment by 2020; • encourage countries to implement the new globally harmonized system for the classification and labeling of chemicals, with a view to having the system operational by 2008; • further develop a strategic approach to international chemicals management based on the Bahia Declaration and Priorities for Action beyond 2000 of the Intergovernmental Forum on Chemical Safety (IFCS) by 2005.  United Nations Environment Programme has a Chemical Section.  In Feb 2006, over 190 countries including India acceded to a Strategic Approach to International Chemicals Management (SAICM)- a voluntary agreement to ensure safe use of chemicals by 2020.

 Way Forward:  The deadly gas leak comes at a time when India is struggling to come out of a pandemic-forced lockdown and looking for ways to restart the economy.  Immediate directive must go to all units to ensure safety while resuming activity and also in case the lockdown continues, these safety precautions must not be negated.  There is indeed a case for reforming some of the archaic and rigid laws that have unintended consequences.  Unavailability of information is a key impediment to the management of risks associated with the use of chemicals.  The creation of a dynamic repository of chemicals built on the regular supply of information by the industry on chemical properties, their uses, and the risks they pose based on their exposure to vulnerable groups and their geographical location in India will be instrumental in preventing chemical accidents.  Compensation for the victims and families are important, but so is access to the highest quality of health care for the victims.  As India aims for a wider manufacturing base, it needs to strengthen its approach to public and occupational safety.

SOURCES:

1. https://www.google.com/url?sa=t&source=web&rct=j&url=https://ndma.gov.in/images/p df/COMPENDIUM-OF-LAWS-ON-DISASTER- MANAGEMENT.pdf&ved=2ahUKEwjx5YXWorfpAhVvyjgGHcb- BEEQFjAOegQIBRAB&usg=AOvVaw2QR_VuypMSsUmgF6CEdbPb&cshid=1589594199130 2. https://youtu.be/zOc0JZFGbpU 3. https://indianexpress.com/article/explained/vizag-gas-leak-bhopal-tragedy-india-chemical- disasters-laws-6398912/lite/ 4. https://vikaspedia.in/social-welfare/disaster-management-1/man-made-disasters/chemical- disaster 5. https://www.financialexpress.com/lifestyle/health/vizag-gas-leak-explained-what-exactly- is-styrene-gas-and-how-does-exposure-to-it-affect-human-body/1951361/lite/ 6. https://m.economictimes.com/news/politics-and-nation/how-visakhapatnam-gas-leak-sets- off-alarm-bells-in-more-ways-than-one/amp_articleshow/75648391.cms 7. https://www.financialexpress.com/industry/preventing-chemical-accidents-in-india-is- dynamic-inventorying-the-solution/1957539/lite/