In January 2022, Pakistan’s Ministry of Climate Change (MoCC) published a draft of the Handling, Manufacture, Storage, Import of Hazardous waste and Hazardous Substances Rules, 2022 under the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997). The federal government is yet to hold consultations with all stakeholders but it is expected that the Act will go into effect in the next 6 months. This Act is with the cooperation of the United Nation under a Special Programme to help the Pakistani government and the Ministry of Climate Change to create a unified system for management of chemicals and hazardous waste.
According to the Pakistan Environmental Protection Act, 1997 (PEPA 97), a hazardous substance is defined as a substance or mixture of substances, other than a pesticide as defined in the Agricultural Pesticide Ordinance 1971, which, by reason of its chemical activity or toxic, explosive, flammable, corrosive, radioactive, or other characteristics causes, or is likely to cause, directly or in combination with other matters, an adverse environmental effect.
What is included in this act:
Guidelines regarding importing hazardous chemicals to Pakistan.
Guidelines regarding transporting hazardous chemicals in Pakistan.
Providing information to victims which are affected by hazardous chemicals.
Preparing an off-site emergency plan by the Ministry of Climate Change.
Preparing an on-site emergency plan by the Ministry of Climate Change.
Providing safety report and safety and environmental audit
Updating site notification
Approval and notification of site
Transitional provisions
Notification system in case of a major accident
General responsibility of the occupiers during industrial activity.
This Act concerns hazardous chemical circulated in Pakistan. This Act tries to involve all aspects of industries that use dangerous and toxic chemicals including import and transportation, responsibilities, and notification systems. Furthermore, it tries to identify major accidents and how to avoid them. Moreover, this act would provide information to take adequate steps in case of major accidents.
Based on this draft any person/company which is responsible for importing hazardous substance should provide the following information:
The Contact information of the person receiving the consignment in Pakistan
The port of entry into Pakistan
Mode of transport from the exporting country to Pakistan
The quantity of chemical being imported
Complete product safety information
Proper labelling as per the UN adopted Globally Harmonized System (GHS) of Classification and Labeling of Chemicals.
Safety reports and safety & environment Audit reports:
Based on this act it is prohibited for an occupier to have any industrial activity unless an environmental audit report on that industrial activity has been prepared. This report should be sent to the EPA at least ninety days before commencing that activity.
In case of new industrial activity which an occupier commences, “or by virtue of subrule (2) (a) (ii) of rule 6 is deemed to commence”, within 6 months after coming into operation of these rules. The occupier should send the EPA and environmental report within 90days days after the date of coming into operation of these rules.
In the case of existing industrial activity an audit report should be performed with consultation with the EPA and should be submitted within one year after commitment of the act.
It should be noted a certified Environmental auditor which is not entitled to the industry should perform an Independent Safety and Environmental for both new and existing industrial activity.
Moreover, the auditor's report along with the comments should be submitted to the EPA by 30 days after the completion of Audit.
Finally, this audit should be reviewed and reported on yearly basis by conducting a fresh safety and environment tests and forward the result within 30 days to the EPA.