Workshop on effective implementation of Ammonium Nitrate Rules 2012

V.K.Mishra Dy Chief Controller of Explosives Hyderabad Sub Circle Andhra Pradesh

Workshop on effective implementation of Ammonium Nitrate Rules 2012

1. 2. 3. 4. 5. 6. 7. 8. Brief of the rule Definitions Exemptions & Applicability Licensing Authorities Role of District Authorities Import & Stevedoring Monitoring & Verification of Compliance Constraints

Brief of the rule

*** Draft Ammonium Nitrate Rules was published vide GSR 694(E) dated 16th September, 2011. *** Ammonium Nitrate Rules, 2012 was published vide GSR 553(E) dated 11th July, 2012 *** All existing manufacturers, converters, users, transporters, stevedores, possessors, sellers, importers & exporters were given six months time to apply for the licence under the rules and they had to comply the provisions of rules within one year from the date of publication of rules ie., before 11th July, 2013 *** Vide Notification No. GSR 469 (E) dated 9th July, 2013 the period of compliance from one year is amended as 18 months ie., compliance from stakeholders is mandatory before 11th January, 2014

Brief of the rule

*** Vide GSR 34(R-2013)/2009-14 dated 14/08/2013 import policy has been amended that import of ammonium nitrate more than 45% in any substance need prior permission of Chief Controller of Explosives *** Vide GSR 218(E) dated 17th July, 2013 following major ports were notified for import of Ammonium Nitrate Kolkota, Visakhapatnam, V.O.Chidambarar, Chennai

Definitions
Ammonium Nitrate Any compound containing 45% Ammonium Nitrate by weight but exclude (i) slurry and (ii) emulsion explosives (iii) non-emulsion matrix and (iv) fertilizers District Authority - District Magistrate, Addl. District Magistrate, Commissioner of Police, Dy. Commissioner of Police. Occupier - Who has the control and is responsible for managing the affairs Proprietor, partner, company director, governing body of society or association Safety & Security Management Plan - Comprehensive plan for ensuring safety and security Protected works - Residential building, college or school, hospital, theatre and cinema, shop office and market place and storage of hazardous substances

Exemptions & Applicability

1. Any compound containing less than 45% Ammonium Nitrate by weight is not within the purview of these rules. 2. Emulsion and slurry explosives, non-explosives matrix, fertilizers are exempted under the rule 2(b) 3. These rules shall not apply to Armed forces of Union and Ordinance Factories for their own use 4. Indian Railways and its authorized carriers while acting as carrier 5. Port authorities 6. Officials of Central & State Governments exercising the power under the Act. 7. Rules shall not apply for possession and use of Ammonium Nitrate not exceeding 5 Kgs by laboratories, educational and medical institutions, hospital and health clinics for scientific or educational purpose.

Licensing Authorities
License to mfg. and convert melt ( P-1) Stevedoring and Bagging ( P-2) Import and Export ( P-5 ) License for storage/possession for( P-3) Sale and use Less than 30 MT Sale and use More than 30 MT Mfg of explosives/ Nitrous oxide Use for agriculture purpose License to transport AN for the firms To whom lic. In P-3 is granted by Distt. Authorities ( P-4) To whom lic. Is granted by CCOE ( P-4) ------- Chief Controller of Explosives ------- Chief Controller of Explosives ------- Chief Controller of Explosives ------- Distt. Authority ------- Chief Controller of Explosives ------- Chief Controller of Explosives ------- Distt. Authority

------- Distt. Authority ------- Chief Controller of Explosives

Role of Distt. Authorities

1. 2. 3. Consideration and grant of No Objection Certificate to all the applicants Grant of license in P-3 and P-4 as given in the previous slide Distt. Authority shall examine and consider the security which should be upto his satisfaction. ( Rule 12 of AN Rules ) For all the premises granted by Distt authority as well as CCOE. Receive the copy of monthly return of AN from all the licensees within 10th day of succeeding month. It is mandatory to the licensees to submit the copy of returns to SP / DM of the distt and to PESO office under whose jurisdiction the premises lies. Verification of Safety and Security Management Plan by Distt Authority / Licensing Authority Consignor of AN shall sent an intimation in R-11(a) to SP of the distt from where AN is dispatched and also to SP of the distt where it is to be received. This intimation must reach to concerned SP before 24 hrs. from the time of dispatch.And a copy of R-11(b) shall be enclosed with way bill/invoice

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Role of Distt. Authorities

7. Verification of antecedents of driver and cleaner of the truck transporting AN by the local police which need to re verified every 5 years. 8. If the vehicle carrying AN has to stop overnight because of any reasons including breakdown , local police must be informed. 9. If the vehicle is to pass through the sensitive areas as declared by Min. of Home affairs Distt Supdt of Police shall provide armed security guards. And transport shall not be allowed after sunset to sunrise. 10. Powers of search and seizure ( under their jurisdiction ) i) Distt Magistrates and magistrate subordinate to him ii) Commissioners of police and officers not below the rank of Sub-inspector iii) Chief Controller and officers subordinate to him

Grant of No objection Certificate

All applicants need to obtain No objection Certificate NOC granting authority Distt. Authority and Director General of Mines Safety Distt Authority may consider and grant NOC to all other than to the mines notified under Mines Act. Criteria to be considered for grant of NOC by Distt Authority1.Antecedents of the applicant 2.Legal and physical possession of Land 3.Public interest 4.Genuineness of the purpose 5.Any other enquiries he may deem fit. The enquiries and grant of NOC must be considered within three months from the date of receipt of documents from the applicant and if refused grant of NOC the same must be conveyed within 6 months to the applicant.

Import and stevedoring/ Bagging

1. 2. 3. Import of AN shall be subject to prior sanction of central government and with Lic. Granted by CCOE. Ammonium Nitrate shall be brought only on notified ports- Vishakhapatnam Handling within the notified port area shall be governed by Port laws/bylaws.

4. AN shall leave the port premises only in bagged form/ Not in bulk. 5. Stevedore shall obtain the License from CCOE for storage and re-bagging and shall maintain the record of AN dispatched and kept as a stock to/of importer. Importer shall inform to CCOE when the vessel start sailing from the port of dispatch.

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7. No AN can be imported by Air.

Monitoring and verification of compliance

1. Security concerns pertaining to all the AN premises 2. Monitoring of movement and transport of AN through the receipt of intimation from the licensees and verification of monthly returns. 3. Checking Illegal transport , manufacturing and storage and use of AN. 4. Safety issues pertaining to AN premises 5. Accidents and investigation

Constraints
1. Manufacturing of Ammonium Nitrate at laboratory or in a small quantity is a easy process. Checking such manufacturing of AN ?

2.

Even after extension of date of compliance for implementation of AN Rules 2012 the response of industries is lukewarm. Identification and punitive action is urgent and necessary
Delay in grant of No Objection certificates is also one of the constraint. Only stevedore M/s Shravan shipping Services Pvt Ltd could not submit the NOC so far Small quantity end users, for example quarry owners under minor mineral act are not having ANFO licenses granted under ER2008 . How their requirements are to be addressed.

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Thanks for patience hearing