National Environmental (Chemicals and Pesticides) Regulations, Statutory Instrument no. 92 of 2023

Extraordinary Federal Republic of Nigeria Official Gazette No. 198 Lagos - 10th November, 2023 Vol. 110 Government Notice No. 157 The following is published as supplement to this Gazette : SL No. Short Title Puye 92 National Environmental (Chemicals and Pesticides) Regulations, 2023 B4204262 fisted and Published by Ihe tl odoral Con comet Pirvetes 1 agen, N | ii? ot i a? i >» gsite Anousl Subworption from It Janey, 2025 olaced NSOGO) OO Oneness et Gor OP | Nese amie Sasol j WR OU 10 [Ss conv ( la Au Mall Pec peted tetova eb aE pe Se ee Si Ge ole fw « ie aficr tat January dyewid apg) the | chore (eet Peeters | agen boy eee | Seadoo #1906 bane NAT REGU Pla ENVIRONMENTAL STANDARDS AND TONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (CHEMICALS AND PESTICIDES) REGULATIONS, 2023 ARMANGEMENT OF REGULATIONS Regulation : PA 1—Omeciive AND APPLICATION 1, Objectives 2. Application 3, Exemption Part I-—CHEMICALS AND PESTICIDES 4, Chemicals and pesticides 5. Banned and restricted chemicals and pesticides 6. Importation or exportation of restricted chemicals and pesticides 7. Prohibitions on mercury added products %. Manufacturing processes in which mercury compounds are used 9, Hazard signs 10. Labelling of containers 11. Advertisement 12. ‘Transportation clearance and requirement 13. ‘Tracking of restricted chemicals and pesticides 14. Storage and safe use of restricted chemicals and pesticides 15. Waste classification and labelling 16. Handling and treatment 17. Transit permit Part III—RE&GISTRATION OF CHEMICALS AND ISSUANCE OF CLEARANCE 18. Registration of chemicals and pesticides 19. Issuance of clearance 20. Requirement for issuance of import or export clearances 21. Clearance procedure Parr IV—TESTING OF PESTICIDES 22. Testing of pesticides B 4209 4210 Part V—ContTROL OF LEAD IN PAINTS AND CoaTINGs 23. Lead in paint Part VI—PLAN FoR CHEMICALS 24. Emergency preparedness and response plans Part VII—GEeEnERAL Cove oF PRACTICE FOR THE SAFE USE oF PESTICIDES AND OTHER AGROCHEMICALS General code of practice for the safe use of pesticides and other agrochemicals | 2. Part VII—ENFORCEMENT 26. Enforcement notice 27. Powers of agency 28. Mode of delivery of enforcement notice 29. Enforcement notice reminder 30. Violation of enforcement notice Part IX—OFFENCES AND PENALTIES 31. ‘Contravention of clearance conditions 32. False statement 33. Failure to comply with abatement measures 34. Failure to report accidental release and emergencies 35. Operating without clearance 36. Violation of registration requirement 37. General offences 38. Penalties PART X—MISCELLANEOUS 39. Revocation 40. Savings 4]. Interpretation 42. Citation SCHEDULES S. I. No. 92 of 2023 NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (CHEMICALS AND PESTICIDES) REGULATIONS, 2023 In exercise of the powers conferred on me by section 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) (Amendment) Act 2007 as amended, and all other powers enabling me in that behalf, 1, Dr. Iz1AQ ADEKUNLE ADEBOYE SALAKO, Honourable Minister of State, Environment and Ecological Management, makes the following Régulations— [8th Day of November, 2023] Part I—OBJECTIVE AND APPLICATION 1. The objectives of these Regulations are to — (a) protect human health and environment from the harmfut effect of chemicals, pesticides and other agrochemicals and to — (i) promote safety in their use, (ii) control the import, export, sale and handling of chemicals, and (ii) contribute to the sustainable development of aericuljure and the conservation of the environment ; (5) ensure an Environmentally Sound Management (ESM) of chemical and pesticides within their life cycle for the protection of human health and environment ; ; (c) support and strengthen the domestication and implementation of chemicals related MEAs (Bamako, Basel, Rotterdam, Stockholm, Minamata Conventions) as well as other voluntary framework (SAICM goal 2020, FAO/WHO International Code of Conduct on Pesticide Management) i in Nigeria ; , (d) enforce the Rotterdam Convention (RC) on ihe? Prior Informed Consent (PIC) procedure for Certain Hazardous Chemicals and Pesticides in International Trade and any other related Multilateral Environmental Agreements (MEA) that may be domesticated by Nigeria ; (e) enforce the ban on Persistent Organic Pollutants (POPs) ; (f) control the. trans boundary movement of chemicals, pesticides, agrochemicals; wastes and their disposal ; (g) enforce the provisions of the. Harmful Waste (Special Criminal Provision, etc) Act ; (A) minimize pollution arising from the manufacture, use and disposal of mercury-added products ; B 4211 Commence ment. Objectives. B 4212 Application I xemption (i) enforce the ban on Mercury-Added Products (MAPs) : (j) enforce the ban on — (i) mercury supply sources and trade, (ii) manufacturing process in which Mercury and Mercury compounds are used, and (iii) mercury emissions and releases ; (k) reduce the use of mercury in Artisanal and Small Scale Gold Mining; (/) ensure environmentally sound interim storage of Mercury other than Mercury waste in sectors where Mercury is allowed ; (m) promote public information and education on Mercury hazards ; (n) enforce the concentration of Lead-in-paint and coatings in Nigeria to be in line with globally accepted or permissible limits ; (0) regulate the manufacture, sale and import of paints and coatings that contain lead above established permissible limits ; (p) eliminate the use of paints and coatings containing added lead compounds ; (q) eliminate the production, distribution, import, and export of paint products exceeding specified lead levels and limits ; (r) provide standardized warning labels for all paints and other coating products to better inform consumers and workers of the hazards of lead exposure from paint products ; (s) strengthen the sound management of chemicals and pesticides, by preventing and reducing its adverse effects and accidents ; and (4) regulate chemicals and pesticides in international trade imported, manufactured, exported or sold and in use in Nigeria that can impact adversely on human health and the environment. 2. These Regulations shall apply to — (a) banned chemicals as listed in the First Schedule to these Regulations ; (6) the import or export of substances listed as restricted substances contained in the Second Schedule to these Regulations and other chemicals and pesticides ; (c) the storage, usage, and marketing of chemicals, pesticides and other agrochemicals ; (7) the manufacture and import, of Mercury-Added Products (MAPs) ; and (¢) the manufacture and import of paints in Nigeria, 3.—(1) These Regulations shall not apply to the following or their wastes — ; “ pharmaceutical products, cosmetics, food or drugs, (as defined in 1’ i ‘ — a . ( we Agency for Food and Drug Administration and Control Act); , su Sli “CS as Wf) A H } am . x Act : stances as defined in the Natiopal Drug Law Enforcement Agency B 4213 (©) prepared, processed OF Cooked foodstuff ; (d) explosives as defined in the Explosives Act ; (¢) radioactive substances as defined ; . Protection Act : ned in the Nuclear Safety and Radiation (f) veterinary drugs other than pesticides used in veterinary practices ; wit? the development, production, stockpiling and use of Chemical Capons as defined by the Organisation for the Prohibition of Chemicals Weapon Convention (OPCW) ; (h) Mercury-Added-Products essential for civil protection and military Uses ; (/) replacement switches and relays, Cold Cathode Fluorescent Lamps (CCFLs), External Electrode Fluorescent Lamps (EEFLs) or measuring devices listed in the Sixteenth Schedule to these Regulations that are components of larger equipment manufactured before the effective date of prohibition, which have no feasible mercury-free alternatives ; (/) a mixture at a concentration of less than 0.1 percent by weight active ingredient imported or exported by or to an individual for their personal use or for research purposes ; and (k) chemicals in quantities not likely to affect human health or the environment imported for the purpose of research or analysis, calibration of equipment, reference standards or for personal use. (2) The quantity of chemicals mentioned under sub regulation (1) (&) of these Regulations shall not be more than | Kg for an individual and 20kg for a tertiary and research institution. Part Il — Ci micars and Prsticiprs 4. A chemical shall be regarded as hazardous where it contains the Chemicals characteristics listed under the Twenty-F ifth Schedule to these Regulations. ad pesticides 5. A person shall not import, export or be in possession of — Banned and (a) banned chemicals and pesticides listed under the First Schedule to chemicals these Regulations ; and ond (b) restricted chemicals and pesticides listed under the Second Schedule pesticides to these Regulations unless a clearance to that effect is issued or obtained. 6. A person who imports or exports restricted chemicals and pesticides Importation or seg . * shal (a) employ or engage the services of a chartered Chemist or persons i paar certified by Institute of Chartered Chemists of Nigeria (ICCON) ; — , novi (b) comply with the conditions specified in the clearance certificate and . issued by the Agency ; and peutic (c) have liability insurance coverage for every shipment in respect of any > B 4214 Prohibitions on mercury added products Manufacturing processes in which mercury or mercury ¢ ompounds are used Hazard s.gns Labelling of containers (i) risk or damage for which the importer or ex oad porter may be lable (ii) costs imposed by the applicable laws on the importer or export for any clean up or remediation related to his activity, : 7. Aperson shall not import, export or manufacture any of the prohibited Mercury-Added Products as contained in Sixteenth Schedule to these Regulations, 8.—(1) A facility shall not use Mercury or Mercury compounds as listed in Nineteenth Schedule to these Regulations in their manufacturing processes after the phase out date. (2) Aperson shall take appropriate measure to restrict the use of Mercury or Mercury compounds in the processes listed in Twentieth Schedule to these Regulations. 9. A person importing or exporting chemicals and pesticides shall affix placard or mark of hazard on the cargo or transport media in accordance with Globally Harmonised System (GHS). 10.—(1) Apperson importing or exporting chemicals and pesticides shall affix to every package or container a label, with the following information — (a) name, address and telephone num ber of the manufacturer, importer, exporter or any relevant person ; . (b) the trade name, chemical name, common name and Chemical Abstract System (CAS) number of the chemical and the manufacture and expiry dates of the substance , | | (c) signal word such as “Danger”, “Warning” and pictograms, in accordance with UN GHS ; (d) chemicals or pesticides shall be physically segregated from other merchandize to prevent contamination or mistaken identity and where appropriate, pesticides shall be clearly marked as ‘hazardous materials’ during transportation i (¢) any associated hazard to human health and the environment sand (/) precautionary measures to be taken to minimize or prevent adverse effect that may result from exposure, improper storage or handling. (2) Hazard and precautionary statements shall be made in with the GHS standards prescribed in Fifth Schedule to the (3) All labelling shall be in English | accordance se Regulations. anguage, abels that — angua and instructions fo (4) Pesticide Industry shall use | (a) include, in the appropriate | the reuse of containers 8¢ or languages, a warning against of used containers : r decontamination and safe disposal (b) identify each lot or batch of the product in numbers or letters that can be understood without the need for additional code references : (c ) clearly show the release date (month and year) of the lot or batch, expiry date (as appropriate) and contain relevant information on the storage stability of the product : and (d) include appropriate symbols and pictograms where possible, with their signal words or hazard and risk phrases. in addition to written renvianbta warnings and precautions in the appropriate language or anguages. 11. A pesticide industry shall ensure that — (a) all statements used in advertising are technically justified : (b) advertisements do not contain any statement or visual presentation which, directly or by implication, omission, ambiguity or exaggerated claim. is likely to mislead the buyer. particulariy with regard to the “safety” of the product, its nature, composition or suitability for use, official recognition or approval ; (c) pesticides which are legally restricted for use by trained or registered operators are not publicly advertised : (d) no facility or individual shall simultaneously market different pesticide active ingredients or combinations of ingredients under a single brand name ; (e) advertising does not encourage uses other than those specified on the approved label ; ({) promotional material does not include recommendations at variance with national regulatory decisions : and (zg) advertisements do not misrepresent research results, quotations from technical and scientific literature or scientific jargon to make claims appear to have a scientific basis they do not possess. 12.—(1) A person that transports chemicals and pesticides by land and waterway shall — (a) obtain Transportation Clearance from the Designated Authority : and (b) carryout loading and unloading of chemical in accordance with standard safety operation procedure prescribed in Seventh Schedule to these Regulations. (2) A vehicle for transportation of restricted chemicals and pesticides shall meet the national transportation safety standards prescribed by the Federal Road Safety Corps (FRSC). (3) A vehicle transporting chemicals and pesticides shall not be cleared to enter a restricted zone without approval from the relevant authority. B 4215 Adveriscment Transportation clearance and requirement B 4216 (4) A driver of a vehicle and his escorts shall — (a) have on board a copy of the relevant Material Safety Data Sheet (MSDS) : (b) be trained on emergency procedures ; and (c) take appropriate protective measures such as wearing PPEs for safety. Tracking of 13. A registered distributor and retailer of restricted chemicals or restricted pesticides shall — chemicals . ' and (a) be registered with the Agency ; pesticides (b) employ or engage the services of a Chartered Chemist or persons certified by ICCON ; and (c) keep record of all the stocks, sales and supplies in such form as approved by the Agency for effective tracking. Storage and 14.—(1) Restricted chemicals shall not be sold in open market, or for safeuseof any other purpose other than the purpose for which it is meant. restricted chemicals (2) A person with a Clearance to store and use chemicals and pesticides and shall — pesticides (a) keep a record of the quantity of such substances stored in accordance with the guidelines specified in the Eight and Nineth Schedules to these Regulations ; (b) not store the chemical for any purpose other than that specified in the Clearance ; (c) store chemical in line with the MSDS and as outlined in Third Schedule to these.Regulations ; and (@) ensure that his agents and users have received relevant and continuous training on safe use and other safe management processes. . (3) Interim storage of mercury and mercury containing products shall be done in an environmentally sound manner recommended by the Agency taking into account the guidelines developed under the global Basel Convention. (4) Aperson, who generates, distributes or stores chemical and pesticides as specified, shall demonstrate sound knowledge and capacity for environmentally sound management of such chemicals or by engaging the services of a registered or certified Chartered Chemist or persons certified by ICCON. W i denttfeaien 7 eas |) A chemical waste type shall be as listed and classified " and labelling ent Schedule and Eleventh Schedule to these Regulations. 2 son ; — A person who generates chemicals or pesticides waste shall ensure that ry Container or package for storing such waste is secured, marked 2" inde : abelled in Accordance with Twelfth Schedule to these Regulations. 4 b i s { 16.—{1), A person who generates chemicals and pesticides wastes including expired Or obsolete chemicals and pesticides as well as spent Pacnaging | iaterials shail handle and treat them in an Environmentally Sound Manner and in line with guidelines specified by the Agency. 2 : : ; (2) Any residue of the waste treated in accordance with sub regulation (1) of this regulation shal! be disposed, treated and handled in an environmentally sound manner as specified by the Agency. (3) A person who handles chemicals and pesticides waste shall use appropriate Personal Protective Equipment (PPE). (4) The person refer to in sub-regulation (1) and (2) of i/)5 revilation shall demonstrate sound knowledge and capacity for environierts ) sound management of such chemicals or by engaging the services of a reyisiered or certified chartered Chemist or persons certified by ICCON. 17.—(1) Apperson shall not import or export chemicals or wastes without a valid Clearance by the Federal Ministry of Environment. (2) The Agency shall, in collaboration with Nigeria Customs Service (NCS), monitor the transit of any chemicals or wastes meant for other countries through the territory of Nigeria. (3) An applicant for a clearance shall satisfy the Agency that he — (a) has subscribed to an insurance policy covering the risks likely to arise from the activity for which the Clearance is required ; and (b) possesses sound knowledge and capacity for environmentally sound management of such chemicals or by engaging the services of a registered or certified Chartered Chemist or persons certified by ICCON. Parr II] — REGISTRATION OF CHEMICALS AND ISSUANCE OF CLEARANCE 18.—(1) A person who imports or exports chemicals and pesticides shall register both the business and chemicals with the Agency. (2) Application for registration shall be submitted to the Agency indicating the — (a) name and address of the business , (b) name and the country of the manufacturer ; (c) information contained in the Material Safety Data Sheet (MSDS) for the chemicals ; and (d) facilities intended for transportation, storage and handling of all chemicals and pesticides including its wastes and spills. 19.—(1) A person shall not import, export, distribute, store or trade in any restricted chemical and pesticides without a valid Environmental Import or Export Clearance from the Agency. B 4217 Handling and treatment Transit permit Registration of chemicals and pesticides Issuance of clearance AN E 'g ! B 4218 Requirement for issuance of import or export clearance Clearance procedure or export chemicals and pestici solely for research and the tota calendar year is not more t research institutions. ' Regulations. (2) An Environmental Import or Export Clearance shall — (a) relate to a specific transaction or year (for annual clearance) sas shall not be valid for any subsequent transaction or year ; and (b) not be transferable. (3) Notwithstanding the provisions of this regulation, a person may import des without clearance where the chemical js | quantity of the Chemical or pesticide ina han 1kg for individuals and 20kg for tertiary and 20. A person importing or exporting restricted chemicals and pesticides shall provide the following information for every shipment — (a) copy of any previous clearance ; (b) Pro-forma Invoice ; (c) list of Chemicals to be imported (for annual clearance) ; (d) Material Safety Data Sheet (MSDS) and labelling in line with the GHS Classification and Labelling of Chemicals (GHS) as prescribed in Third Schedule to these Regulations ; (e) a written consent from the Designated National Authority (DNA) FMENV for the importation or exportation of the substance ; (f) chemical safety card which shai! contain information prescribed in Fourth Schedule to these Regulations : and (g) prescribed in the Sixth Schedule to these Regulations. 21.—(1) A person shall not — (a) import a mercury-added product unless the Agency issues Clearance to allow such import ; and (b) manufacture or export a mercury added product unless the Federal Ministry of Environment issues clearance to allow such export. (2) All Environmental import or export clearance applications and processing shall be in accordance with the provisions of these Regulations and the Agency’s procedure for Environmental Import Clearance as contained in Seventeenth Schedule to these regulations. ‘ss a: the ey and Federal Mi nistry of Environment shall issue a clearance fists in dint ath) 4 elimi product type or category from the prohibited sieeve At edule to these Regulations only after determining that the hasuiite and egory provides significant public health or environmental and no comparable mercury free alternatives are available. 4) A ‘cati ; fenslats , 4) ra penta for environmental import clearance under sub ncouseary tifermatan nt sania shall be submitted to the Agency with addition to the ocuments as contained in Eighteenth Schedule in general requirements in Seventeenth Schedule to thes (5) The Agency shall not issue clearance where — (a) there are reasonable grounds to believe that the applicant has provided false or misleading information in support of their application ; (6) the information and documents required under regulation (2) of these Regulations have not been provided or are insufficient to enable the Agency process the application ; or (c) the intended chemical to be imported is listed under the Stockholm Convention on Persistent Organic Pollutant. (6) Aclearance shall expire one year after the date of issuance, unless it is renewed. (7) For the purpose of renewal of clearance, a holder shall submit a renewal application to the Agency in accordance with regulation 18(4) within 30 days before the day on which the clearance expires. (8) A person that manufactures or imports a mercury-added product as contained in regulations 7 and 21 shall submit a report to the Agency in respect of the calendar year. (9) The report refer to in sub regulation 8 of these Regulations shall include the following information — (a) name, civic and postal addresses, telephone number and if any, fax number and email address ; (6) name, civic and postal addresses, telephone number and if any, fax number and email address of their duly authorized representative; (c) the common or generic name, trade name and batch number of the product ; (d) product category ; (e) the total quantity of mercury contained in the product, expressed in milligrams ; (f) the quantity of the product manufactured during the calendar year in question, where applicable ; and (g) the quantity of the product imported during the calendar year in question, where applicable. Part IV — TESTING OF PESTICIDES 22. A Pesticide industry shall — (a) ensure that each pesticide and pesticide product is adequately and effectively tested by recognized procedures and test methods so as to fully evaluate its inherent physical, chemical or biological properties, efficacy, behavior, fate, hazard and risk with regard to the various anticipated uses and conditions in regions or countries of use ; (b) ensure that such tests are conducted in accordance with sound scientific and experimental procedures and the principles of good laboratory and experimental practice ; B 4219 Testing of pesticide (c) make available copies or summaries of the original reports of tests for assessment by responsible government authorities in all conti where the pesticide is to be offered fur saie or use, provided that wher translated documents are provided, their accuracy shall be certified - ¢ (d) ensure that the proposed use, label claims and directions, packages safety data sheets, technical literature and advertising truly reflect the outcome of these scientific tests and assessment ; (e) provide, at the request of a country. methods for the analysis of any active ingredient, co-formulant or relevant impurity or formulation that they manufacture, and provide the necessary analytical standards ; (f) provide advice and assistance in the training of technical staff ‘avolved in the relevant analytical work, and formulators shall actively support this effort : and (gz) conduct residue trials prior to marketing, at least in accordance with Codex Alimentarius and FAO guidelines on good analytical practice and on crop residue data in order to provide a basis for establishing appropriate maximum residue limits. Part V — Controt of Leap in Paints AND COATINGS 23.—(1) This regulation shall apply to the — (a) importers ; . (b) distributors,» (c) manufacturers . (d) industrial users , (e) recyclers ; and (f) waste service providers. Lead in paint (2) A person or entity newly involved in the importation, manufacture, distribution and use of any lead-additive and lead compounds and engaged in recycling, treatments, storage and disposal of lead- containing waste paints and coatings shall register with the agency by submitting a duly completed business registration form. (3) Paints and similar surface-coating materials shall not aontain lead calculated as lead metal in excess of 90 parts per million of the weight of th total non-volatile content of the paint or the weight of the dried paint film ° (4) A person shall not manufacture, im istri . , Import, export, distrib i paints with a total lead concentration higher than 90 parts per million (ppm). m). (5) Manufacturers and importers of pai : ¥ aints mi : materials shall submit to the Agency evidence im sunar surface coatin subjected to the National Conformit the products have been ensure compliance with Nigerian Ind y Assessment Pro ' gram (S ustrial Standards (NIS). (SONCAP) to (0) Manufacturers and importers of paints shall conform to the provisions of Global Harmonized System of labelling and Classification of Chemicals (GHS). (7) Manufacturers of paint in N igeria shall treat their effluents to ensure that the lead content do not exceed the National Permissible Limits of 0.1 mg/ | as stipulated in the National Environmental (Chemical, Pharmaceutical, Soap and Detergent Manufacturing Industries) Regulations. y . nde . * 1“ . . . . (8) Obsolete paints or products that use lead in paint as an input shall be disposed in an environmentally sound manner, (9) The principles and techniques of environmentally sound management and disposal of hazardous wastes shall be applicable to the disposal of paints and coatings with lead additive and products that use lead in paint as an input. (10) A facility engaged in the processing, sale or management of paints or products that use paint with lead additive as an input shall take the necessary measure to adequately safeguard the health and safety of the workers. (11) The demolition of buildings which are painted with high concentration of paint with lead additive shall be carried out with adequate safety measures including — (a) use of Personal Protective Equipment (PPEs) ; (6) ensuring that surfaces are wet to minimize dust emission ; and (c) making provision for containment of dust within demolition area. Part VI — PLAN FOR CHEMICALS 24.—{1)}- A person authorised to deal on any chemical substance, shall in accordance with the Thirteenth Schedule to these Regulations, prepare a comprehensive Emergency Preparedness and Response Plan to contain any spillage, leakage, release, accident or emergency that may arise. (2) A person authorised to transport, store or use chemicals or pesticides shall in the event of an accidental spillage, leakage or release — (a) take immediate actions and mitigative measures-in accordari¢e with f the established Emergency Preparedness and Respoiise -planste “egiitain | the release ;—~ a Br a OEE ge (5): have the affected“areas inimediately eleatied-up,. decontaminated and remediated ; : (c) immediately notify the relevant authorities with the following ~V information — ae (i) circumstances of the accidental releasé." eS (ii) quantity released, er ae na ent, 1 ee ttt nt Pa See el Ota, B 4221 Emergency preparedness and response plan a ane j aw al 3 4222 General code of practice for the safe use of pesticides and other agrochemicals (iii) immediate actions and mitigative measures take 7 contain the release. ~— (iv) measures taken to remediate the affected areas, and as (vj) measures taken to prevent re-occurrence. Tol ang Past Vil — Generat Cope of Practice ror THE Sare Use Of PESTICIDES AND OTHER AGROCHEMICALS 25.—{ 1) The genera! code of practice for operators and sprayers of agrochemicals shall be in accordance with Fourteenth Schedule to these Regulations to ensure — (a) the safety of the general public and the environment : and (bj that employees are properly trained and supervised in the safe handling and use of chemicals within their life cycie. (2) The control of employee exposure to such substances hazardous to health shall be in accordance with Fifteenth Schedule to these Regulations. (3) Packaging or repackaging shali be carried out only on licensed premises that comply with safety standards where the responsible authority is satisfied that — (a) staff are adequately protected against toxic hazards : and (h) adequate measures are in place to avoid environmental contamination. (4) Measures shall be taken to control chemicals to protect human health as specified in Fifteenth Schedule to these Regulations. (5) The repackaging or decanting of any pesticide into food, beverage. animal feed or other inappropriate containers is prohibited. (6) An industry shall. through the services of an expert recognised by the Agency, inventorize obsolete or unusable stocks of pesticides and used containers. establish and implement an action plan for their disposal, or remediation in the case of contaminated stores or sites. (7) An industry shall ensure that treatment and disposal of pesticide wastes are carried out in an environmentally sound manner that complies with national and regional regulations, relevant international standards and multilateral environmental agreements. (8) For the purpose of the Buy-Back programme of the Agency, an industry shall — (a) establish a Spray Service Provider (SSP) model for safe use and safe disposal of pesticide products and containers as detailed in Twenty Fourth Schedule to these Regulations : and (4) subscribe to an Extended Producer Responsibility (EPR) programme of the Agency as detailed in Twenty Third Schedule to these Regulations. Maer Vil ENromcrMint 26, (1) An Enforcement Notice shall be served where the Agency is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of a Registration or Clearance Permit. (2) An Enforcement Notice shall specify the — (4) matters constituting the contravention or the matters making it likely that the contravention will arise ; (/) steps to be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise ; and (c) period within which the steps shall be taken. 27. The Agency shall — (a) enter at reasonable times, any facility or warehouse in which pesticides, mercury-added products, paint or similar surface-coating materials are manufactured or stored. (b) inspect and test, at reasonable times and in a reasonable manner, such pesticides, mercury-added products or paint and similar surface-coating materials to assess compliance with these Regulations ; and (c) undertake post registration surveillance and conducting monitoring studies to determine the fate of pesticide or wastes from lead paint or mercury —added products and environmental effects under operational conditions. 24. An enforcement notice shall be delivered by hand, registered post or courier, newspaper publication or pasting at the address of the owner or occupant of the premises or facility. 29. Where a person fails to comply with enforcement notice within the period specified under regulation 26 (2) of these Regulations, a second notice shall be served. 30.—(1) Where a person fails to comply with the second enforcement notice within the specified period, a suspension notice shall be served or any other punitive action may be taken. (2) Where a suspension notice is served pursuant to this regulation, the Clearance shall on the service of such notice, cease to have effect as stated in the notice. (3) The Agency may withdraw a suspension notice after verifying that the operator has complied with these Regulations. (4) Notwithstanding the provisions of these Regulations, the Agency shall have the power to enter and seal any facility found contravening any of the provision of these Regulations. B 4223 Enforcement notice Powers of Mode of delivery of Violation of enforcement notice B 4224 Contravention of clearance conditions False statement Failure to comply with abatement measures Failure to report accidental release and emergencies Part IX — OFFENCES AND PENALTIES 31. A person contravenes the provisions of these Regulation S Whe handles, stores, supplies or transport any chemicals or Pesticides win * complying with — Withou, (a) the condition of a Clearance ; (b) the requirements of an enforcement notice, or a closure poy: under these Regulations ; Notice (c) any requirement imposed by a notice served by the Agency: ang (d) generates, distributes or disposes chemicals or pesticides Withou engaging the services of a registered or certified expert. 32. A person contravenes the provisions of these Regulations where he is in possession of or circulate a document that is likely to mislead or deceive the Agency or make a statement which is known to be false or misleading particularly, where the statement is made — (a) in purported compliance with a requirement to furnish any information imposed by or under any provision of these Regulations ; (5) for the purpose of obtaining a clearance for the facility for variation, transfer or surrender of a clearance ; (c) to intentionally make a false entry in any record relating to the Clearance ; and (d) with intent to deceive, forge or use a document issued or authorized to be issued under a condition of the Clearance. 33. A person contravenes the provisions of these Regulations where he fails to — (a) take appropriate measures to clean-up, decontaminate and restore areas affected by a release, leakage or spillage of any chemical substance ; (b) remediate the contaminated area to the standard prescribed by the Agency ; (c) furnish all required information to the Agency ; . (d) remove equipment or containers causing release of chemical into the environment when requested by the inspector ; (e) produce document when requested by the inspector ; . (f) comply with guidelines on handling, storing and transporting of any hazardous material ; and (g) ensure the use of appropriate Personnel Protective Equipment(PPE) while handling, storing, or disposing the chemicals or pesticides. 34. A person contravenes the provisions of these Regulations where he fails to — (a) report the accidental release of chemicals or emergencies ; 3 35. A person contrave ; nes the isi , operates without a clearanc Provisions of these Regulations where he € permit. (d) present a chemical that do not conform to the standards ; (e) refuses or obstructs examination or collection of samples of the chemicals for analysis : (f ) fails to comply with an order for the removal or destruction of chemicals ; (g) fails to submit report or has made false reports on matters concerning the control of chemicals and pesticides ; and (h) violates other provisions of these Regulations. 37. A person commits an offence where the person — (a) manufacture, import, or export a mercury-added product in contravention to these Regulations ; (5) fails to submit required documents or information within the specified time period in these Regulations ; (c) is a body corporate, or organization and fails to comply with any clearance permit conditions, enforcement or closure notice, or with any reasonable requirement imposed by a notice served by the Agency under these Regulations ; (d@) manufacture, import, export, distribute or retail paints with a total lead concentration higher than 90 parts per million (ppm) ; (e) import, export or is in possession of; banned chemicals and pesticides listed under First Schedule to these Regulations; or in possession of restricted chemicals and pesticides listed under Second schedule to these Regulations, unless a clearance to that effect is issued or obtained ; (f) make a statement which is known to be false or misleading, including but not limited to where the statement is made — . (i) in purported compliance with a requirement to furnish any information pursuant to the provisions of these Regulations, (ii) for the purpose of obtaining a clearance for the body corporate or organization, B 4225 Operating without clearance Violation of registration requirement General offences B 4226 Penalties Revocation Savings Interpretation (iii) to intentionally make a false entry in any record Pertaining Q clearance, or . , (iv) with intent to deceive, forge or use any document issy edt authorized to be issued under any clearance condition ; (g) is a body corporate, or organization which — (i) fails to produce documents or release information when requireq by the inspector ; (ii) knowingly obstructs the inspectors from performing their duties ; or (iii) dismisses, suspends, sanctions, or otherwise penalizes employees who report any violations of the Act, or who report instances of contraventions of these Regulations ; and (h) sell, offer for sale, manufacture for sale, distribute in commerce, import into Nigeria, any paint or similar surface-coating material that contains lead or lead compounds and in which the lead (calculated as lead metal) is in excess of 90 ppm of the weight of the total non-volatile content of the paint or the weight of the dried paint film. 38.—(1) A person who contravenes the provisions of these Regulations commits an offence and is liable on conviction to a fine, not less than $5,000,000 or imprisonment for a term not exceeding 5 years or both. (2) Where an offence in these Regulations is committed by a body corporate, it shall on conviction, be liable to a fine, not less than N50,000,000 and an additional fine of N50,000 for every day the offence subsists. (3) In addition to the penalty specified in these Regulations, a person convicted of an offence under these Regulations shall be responsible for the — (a) proper management and disposal of the mercury-added products, HHPs, Leaded Paints manufactured, imported, or exported unlawfully ; and (5) remediation of releases to the standards prescribed by the Agency arising from the unlawful manufacture, import, or export. Part X — MISCELLANEOUS 39. The National Environmental (Chemicals ici : 2014 is revoked. and Pesticides) Regulations, 40. Nothing in these Regulations shall invalj vise walucia alidate or otherwise prejudicially affect anything done or Purported to be done under the revoked Regulations 41. In these Regulations — “Act” means the National Envj | ironmental Sta ions Enforcement Agency (Establishment) Act, 2007 — rae “Active ingredient” ia means pesticidal action ; the part of the product that provides the Agency . mean > the N i W i ) ) \ “Banned chemicals and Pesticides” the uses of which have bee the environment: “CAS registry number” ts Baw) tber™ means the identification number assizned to a chemical substance by the Chemic ine (C : : al Abstract Ser ‘AS the American Chemical Society (ACS) ; ct Service (CAS) Division of “Chemicals” means x substance whether by preparation and whether manufactured or obtain not include any living Organism : “Container” means any object used to hold a pesticide product ; “Des ignated Authority (DA)” means the Agency that issues Clearance : “Designated National Authority (DNAY’ means an authority designated by a Party (globally) to act on its behalf for the administration of the Basel, Rotterdam Stockholm or Minamata Conventions : “Distributor” means a person that buys hazardous chemicals or pesticides, warehouses them, and resells them to retailers to the end users or customers directly ; “Disposal” means the treatment, temporary storage and systematic destruction of lead and lead compound waste in accordance with the applicable provisions of the law regulating hazardous wastes ; “Environment” means surroundings, including water, air, soil and their interrelated potential to cause undesirable consequences (e.g. properties that can cause adverse effects or damage to health, the environment or property) ; “Environmentally Sound Managemen: (ESM)’ means taking all practicable steps to ensure that hazardous chemicals and pesticides and their wastes are managed in a manner which will protect the environment and human health against the adverse effect that may result from such substances ; ; “Emergency Preparedness and Response Plan” means a plan, which outlines how a thing is to be done or what actions are to be taken, or a particular strategy to be followed in an unexpected event, which is beyond the normal day to day activity and requiring prompt action, in ores to ensure the safety of the people, public, environment and equipment 5 “Enforcement Notice” means & letter of compliance concerns or font j of observed violations and the need abatement notice, informing a person of ¢ vie shall be to remedy the same within a time limit, failure of which, t B parson sanctioned in accordance to the provision of these Regulations ; af “Exporter” means a person who exports or intends to export trom Nigeria, a substance on the List of Controlled Substances ; cides” means chemicals and pesticides, N prohibited in order to protect human health or itself or in a mixture or ed from nature, but does ih A227 B 4228 “Formulation” means the combination of various ingredients fee to render the product useful and effective for the purpose claimeg 7 the envisaged mode of application; = | “HHPs” (Highly Hazardous Pesticides) means pesticides that a acknowledged to present particularly high levels of acute or chronic hazard, to health or environment according to internationally accepted classificay:. systems such as WHO or Global Harmonized System (GHS) or their isting in relevant binding international agreements or conventions. In addition pesticides that appear to cause severe or irreversible harm to health or the environment under conditions of use in a country may be considered to be and treated as highly hazardous” ; . “GHS” means the Globally Harmonised System of Classification ang Labelling of Chemicals ; . . “Hazard” means inherent property of a chemical having a potential to cause adverse effect to the health of a person or the environment when exposed it ; “ICCON”: means Institute of Chartered Chemists of Nigeria, established by Decree 91 (ICCON ACT, CAP 1.12,LFN 2004) ; “Importer” means a person who imports or intends to import into Nigeria a restricted chemicals and pesticides on the List of restricted Substances ; “Industry” means Manufacturers, Importers, Suppliers, Distributors, and Retailers etc. ; “Label” means an appropriate group of written, printed or graphic information elements concerning a hazardous product selected as relevant to the target sector, affixed to, printed on or attached to outside packaging of a hazardous product ; “Lead Compounds” means chemical compounds that contain lead ; “Lead Paints” means paints or other similar surface coating materials containing lead or lead compounds (calculated as lead metal) in excess of .009 percent (90 ppm) of the weight of the total non-volatile content of the weight of the dried paints film ; “Lead Wastes” means discarded materials that contain or have been contaminate’ with lead or lead compounds that are without any safe al, industrial, agricultural or economical usage and contain the updated standard of Hazardous Wastes based on the analysis of the ext under the Toxicity Characteristics Leaching Procedure (TCLP hod: yi ; ) method ; ‘ vite a Safety Data Sheet” (MSDS) means a document intended to provide workers and emergency personnel with procedures for handling or don “ ibMCANG in a safe manner, and includes information such nr aber tt head tii point, flash point, etc.) toxicity, health ? > ac IVI 3 S H ° . ty and spill-handling procedures : ly, storage, disposal, protective equipment, d fo, trademark or private label ; “Material Change” mean makes to the design, manufactur; Cturer or importer “Mercury” means metallic “Mercury compounds” mercury and one or more mercury ; ercury compound that was intentionally added ; ns metallic mercury that qualifies as waste ; Hon. Minister responsible for matters relating to “Mercury Wastes” mea “Minister” means the Environment ; “NAFDAC” means National A gency for Food, Drug Administration and Control ; “NDLEA” means National Drug Law Enforcement Agency ; “Officer” means an officer who has the legal authority to enter facility to conduct an inspection under environmental legislation (Acts), regulations or guidelines ; “Operator” means an individual, partnership, association or non-profit organization that operates a manufacturing, production or storage facility of chemicals ; “Paint” means varnishes, lacquers, enamels, glazes, primers or other similar surface-coating materials used for any purpose; and is typically a mixture of resins, pigments, fillers, solvents and other additives that constitutes a finished product ; it does not include materials which become part of the substrate, or materials me are actually bonded to the substrate, ctroplating or ceramic glazing ; eee ar sieahe a material that changes the colour of reflected or i i -selective, absorption used for transmitted light as the result of wavelength-se ; od fc lo : c, fabric, cosmetic, food and other materials ; : ints, inks, plasti . : colouring paints, inks, plas' t for preventing, destroying or “Pesticides” means any substance mean mitigating any pest ; indivi ip, association or non-profit “Person” means an individual, partnership, assc organization ; ; “Packaging” means the container together with the protective wrapping used to carry pesticide products via wholesale or retail distribution — ; “Personal Protective Equipment” means any shove dating handling devices that provide protection from pesticide exposure g B 4229 B 4230 lication ; it includes both specifically designed protective equipmen, and ‘UAine reserved for pesticide application and handling ; a means Prior Informed Consent as defined and applied jn the tterdam Convention; — Ke srson” includes individual, body corporate, or legal entity : i rson or corporation that engages in reusing hd e “ + clers means any p ; : , Rec) ‘vities of any materials intended for commercial, ing actl and reprocessing | industrial, agricultural and economic purposes , alcth “Recycling” means Treating of used or waste materials through a proces, of making them suitable for beneficial use and for other purposes, and . by which waste materials are transformed into new Lon neae BAY ea iginal products may lose their ident; products in such a manner that the original pr heparin ity, and which may use raw materials for the production of other goods or Registration” means the process whereby the responsible national government or regional authority approves the sale and use ofa pesticide, mercury added product or paint with lead additive following the evaluation of scientific data aimed at demonstrating that the product is effective for its intended purposes and does not pose an unacceptable risk to human or animal health or the environment under the conditions of use in the country or region ; “Repackeging” means the transfer of a pesticide from any authorized commercial package into any other, usually smaller, container for subsequent sale ; “Residue” means any specified substances in or on food, agricultural and other types of commodities or animal feed as well as in environmental media including soil, air and water resulting from the use of a pesticide ; it includes any derivatives of a pesticide, such as conversion products, metabolites, breakdown products, reaction products and impurities considered to be of toxicological or ecotoxicological significance. The term “pesticide residue” includes residues from unknown or unavoidable sources (e.g. environmental contamination) as well as know ; “Restricted Chemicals and Pesticides” means a chemical for Virtually all use of which within one or more categories, has been prohibited by final regulatory action in order to protect human health or environment, but for which certam specific uses remain allowed including a chemical that has ham ene fet yin sonraval rom urther consideration in the domestic process, and where there is clear evidence that such action has cen taken in order to protect human health or environment ; “R ‘ Tr) elailers . to users - means a person who sells chemicals or pesticides directly > “Rotterda ; ” dam Convention (RC)” means the Rotterdam Convention on the Prior Informed Consent Pr. os ocedure for Certain H : and Pesticides in International Trade - azardous Chemicals “SAICM” means Strate Management ; “Secretariat” means the Secretariat for all the MEAs ; Shipping document” means a document that relates to the import and export of a chemical and pesticide and contains information that describes a substance, its handling, and offer for transport etc ; oe 39 - Storage means the keeping of any chemical in use or ina ready- to use condition ; “Substance” means chemicals, pesticides or other agrochemicals ; “Sufficient samples” means the number of samples the ‘agency’ determines necessary to provide a high degree of assurance that the tests conducted accurately demonstrate compliance with the 90 ppm total lead limit; “Supplier” means a person who supplies chemicals and includes a formulator, a manufacturer, an importer or a distributor ; “Total lead content” means a weight percentage of the total non-volatile portion of the paint or as a percentage of the weight of the dried paint film ; “Toxic” means chemicals and preparations, which if inhaled or ingested or penetrated into the skin may involve serious acute or chronic health risks or even death ; “Transport Media” includes vehicles, wagon, container and tanks ; “Warehouse” means a building where large quantities of chemicals are stored before use or sale ; and “Waste” means a substance or object which is disposed of, intended to be disposed of or required to be disposed of by the provisions of national law. gic Approach to International Chemicals 42. These Regulations may be cited as the National Environment (Chemicals and Pesticides) Regulations, 2023. B 4231 Citation 8 4.2 FIRST SCHEDULE [Regulation 2a), § (4) Gnd 3 EMICALS AND PESTICIDES RANNED CH CHEMICALS CAS NO ley 309-00-2 a’ A\htw = 319-846 oo a dtorachbormeye hohe rane nnn, | a 319-85-7 j Hexachlorocyctohexane 57-74-9 —s~ CMondane a, 143-50-0 Crhandecone a Decabromeadhipheny | ether 1163-19-5 semen por $0-29-3 wom Denfol 115-32-2 Deekina 60-57-1 Endosulfan 1 15-29-7, 959-98-8, 33213-65-9 Enina 72-20-8 us Heptachior 16-44-8 Hevabromobipheny | 36355-01-8 Hexabromocyclodadecane 25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7 134237-52-8 Hexachlorobenzene 118-74-] Hexachlorobutadiene 87-48-3 Mire 2385-85-5 Pentachlorobenzene 608-93-5 Pentachlorophenol and its salts and esters various Perfluorooctanoic acid(PFOA), its salts and various PFOA-related compounds Perflworooctane sulfonic acid(PFOS), its salts | various and perflworeoctane sulfonyl fluoride Polychlorinated biphenyls(PCBs) various Chiorinated naphthalenes 70776-03-3 Polychlorinated dibenzodioxins and various dibenzofurans (PCDD/PCDF) | Polychlorinated naphthalenes various | Tetrabromodipheny! ether and various | pentadromodipheny! ether | Short-chain chlorinated paraffins (C.. ..; 85535-84-8, 68920-70-7, 7101 1-12-6, 85536-22-7, | chlorine content > 48 %) e568 SECOND SCHEDULE WAS | Rewwlation 2 (hb), 9(h) and WF (e)] RESTRICTED CHEMICALS AND PESTICIDES z= CHEMICALS en CAS NO Toxaphene 8001S. >.4,8-T and its salts and esters ONS Alachlor 107408 ~~ Aldicarb 1606-1 — Aldrin 309.00-2 =~ Azinphos-methy! 86-500 Binapacry| ARS<3 Jad Captatol 2425-06-1 Carboturan 1563-66-2 Chlordane 57-74-9 Chlordimetorm 6164-98-3 Chlorobenzilate 510-15-6 DDT 50-29-3 Dieldrin 60-57-1 Dinoseb and its salts and esters 88-85-7 (*) Chlordimeform 6164-98-3 EDB (1,2-dibromoethane) 106-934 Endosulfan 115-29-7 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Fluoroacetamide 640-19-7 HCH (mixed isomers) 608-73-1 Heptachlor 16-44-8 Hexachlorobenzene 118-74-1 Lindane (gamma-HCH) 58-89-9 Mercury compounds, including inorganic mercury compounds, alkyl mercury compounds and alkyloxyalkyl and aryl mercury compounds CAS numbers Parathion Methamidophos 10265-92-6 Monocrotophos 6923-224 56-38-2 Wah rm Fe oo * , 4 nh Reed ft | oe ca B 4234 és y iy — Te 36-5 (*) ay iol andsit$ salts and esters 87- —— Pentachlorophéno! analy 298-02-2 nnd Phorate 3001-35-2 a | Toxaphene (Camphechjor) . . rie 106-93-4 ——. EDB (1,2-dibromoethane) 115-29-7 ame! Endosult — 107-06-2 — Ethylene dichloride . 7 75-21-8 — Ethylene << 6A0-19-7 Fluoroacetamide CORTE HCH (mixed isomers) 76448 Heptachlor 118-741 Hexachlorobenzene 38809 ~ Lindane (gamma-HCH) . 7 a Mercury compounds, including inorganic CAS numbers mercury compounds, alkyl mercury compounds and alkyloxyalkyl and ary! mercury compounds Methamidophos 10265-92-6 Monocrotophos 6923-224 Parathion aos 56-38-2 Pentachlorophenq) and its salts and esters 87-86-5 (*) Phorate 29%8-02-2 Toxaphene(Camphechlor) 8001-35-2 Tributyl tin compounds 1461-22-9, 1983-10-4,2155-70-6, 24124-25-2, 4342-36-3, 56-35-9, 85409-17-2 Trichlorfon 52-68-6 Dustable powder formulations containing a 137-26-8, 1563-66-2, 17804-35-2 combination of benomy| at or above 7%, carbofuran at or above 10% and thiram at or above 15% ‘ Methyl-parathion (Emulsifiable concentrates | 7298.00.09 (EC) at or above 19.5% active ingredient and dusts at or above 1.5% active ingredient) Phosphamidon (Soluble liquid formulations 13171-214 al the substance that exceed 1000 g active ingredient/|) Actinolite asbestos 71536-66 | Anthophyllite asbestos ™ Amosite asbestos ee — 12172-73-5 — * ——— A B 4235 Crocidolite asbestos 12001-28-4 —Fremolite asbestos 77536-68-6 mercial octabromodipheny] mercial oc pneny] eth om y! ether 36483-60-0, 68928-80-3 (including Hexabromodipheny] ether and Heptabromodipheny| ether) Commercial pentabromodipheny| ether (including tetrabromodiphenyl ether and pentabromodipheny] ether) 32534-81-9, 40088-47-9 Hexabromocyclododecane 134237-50-6, 134237-51-7, 134237-52-8, 25637-99-4, 3194-55-6 Perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls 1691-99-2, 1763-23-1,24448-09-7, 25 1099-16-8, 2795-39-3, 2908 1-56-9, 29457-72-5, 307-35-7, 31506-32-8, 4151-S0-2, 56773-42-3, 70225-14-8 Polybrominated Biphenyls (PBBs) 13654-09-6, 27858-07-7, 36355-01-8 Polychlorinated Biphenyls (PCBs) 1336-36-3 Polychlorinated Terphenyls (PCTs) 61788-33-8 Short-chain chlorinated paraffins (SCCP) 85535-84-8 Tetraethy! lead 78-00-2 Tetramethy! lead 75-74-1 Tributyltin compounds 1461-22-9, 1983-104, 2155-70-6, 24124-25-2, 4342-36-3, 56-35-9, 85409-17-2 Tris(2,3 dibromopropy!)phosphate 126-72-7 Ethylene oxide 75-218 Fluoroacetamide 640-19-7 HCH (mixed isomers) 608-73-1 Heptachlor 7644-8 Hexachlorobenzene 118-74-1 Lindane (gamma-HCH) ; 58-89-9 Mercury compounds, including inorganic CAS numbers mercury compounds, alkyl mercury compounds and alkyloxyalky! and aryl mercury compounds Methamidophos 10265-9246 Monocrotophos 6923-22-4 Parathion 56-38-2 Pentachlorophenol and its salts and esters 87-86-5 (*) B 4236 ke 298-02-2 ll," Phorate 8001-35-2 a, ‘ hlor Toxaphene (Camphechlor) |461-22-9, 1983-10-4,2155-70-6, 4139 Tributyl tin compounds 25-2, 4342-36-3, 56-35-9, 85409-17.9 52-68-6 7] tines, Trichlorfon Dustable powder formulations containing a combination of benomy! at or above T%, carbofuran at or above 10% and thiram at or 137-26-8, 1563-66-2, 17804-35-2 above 15% — Methyl-parathion (Emulsifiable concentrates 298-00-0 (EC) at or above 19.5% active ingredient and dusts at or above 1.5% active ingredient) Phospl.amidon (Soluble liquid formulations of 13171-21-6 the su »stance that exceed 1000 g active ingredient/l) Actinolite asbestos 71536-66-4 Anthophyllite asbestos 77536-67-5 Amosite asbestos 12172-73-5 Crocidolite asbestos 12001-28-4 Tremolite asbestos 77536-68-6 Commercial octabromodipheny] ether (including Hexabromodipheny] ether and Heptabromodipheny] ether) 36483-60-0, 68928-80-3 Commercial pentabromodipheny] ether (including tetrabromodipheny] ether and pentabromodipheny] ether) 32534-8 1-9, 40088-47-9 Hexabromocyclododecane 134237-50-6, 134237-5 1-7, 134237-52-8, 25637-99-4, 3194-55-6 Perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls 1691-99-2, 1763-23-1, 24448-09-7, 251099-16-8, 2795-39-3, 2908 1-56-9, 29457-72-5, 307-35-7, 3 1506-32-8, 4151 50-2, 56773-42-3, 70225-14-8 Polybrominated Biphenyls (PBBs) 13654-09-6,27858-07-7, 36355-01-8 Polychlorinated Biphenyls (PCBs) 1336-36-3 Polychlorinated Terphenyls (PCTs) 61788-33-8 “| Short-chain chlorinated paraffins (SCCP) 85535-84-8 Tetraethyl lead 78-00-2 B 4237 Fetramethy! lead 75-74] Fributyltin compounds 1461-22-9, 1983-10-4, 2155-70-46, 24124 25-2, 4342-36-3, 56-3 5-9, 85409-17-2 Fris(2,3 dibromopropy 1)phosphate 126-72-7 “Hexachlorobenzene 118-74] Lindane (gamma-HCH) 58-89-9 Mer compounds, including i j vecury sompounds, alkyl] mercury AG mamnbers compounds and alkyloxyalkyl and aryl mercury compounds Methamidophos 10265-92-6 Monocrotophos 6923-22-4 Parathion 56-38-2 Pentachlorophenol and its salts and esters 87-86-5 (*) Phorate 298-02-2 Toxaphene (Camphechlor) 8001-35-2 1461-22-9, 1983-10-4, 2155-70-6, 24124- Tributyl tin compounds 25-2, 4342-36-3, 56-35-9, 85409-17-2 Trichlorfon 52-68-6 Dustable powder formulations containing a combination of benomy] at or above 7%, carbofuran at or above 10% and thiram at or 137-26-8, 1563-66-2, 17804-35-2 above 15% Tremolite asbestos Methyl-parathion (Emulsifiable concentrates 298-00-0 (EC) at or above 19.5% active ingredient and dusts at or above 1.5% active ingredient) Phosphamidon (Soluble liquid formulations 13171-2146 of the substance that exceed 1000 g active ingredient/I) Actinolite asbestos 77536-66-4 Anthophyllite asbestos 77536-67-5 Amosite asbestos 12172-73-5 Crocidolite asbestos 12001-28-4 77536-68-6 B 4238 | Sctabromodi pheny! ether Commercia rand (including Hexabr omodipheny! ethe Heptabromod ipheny! ether) 36483-60-0, 68928-80-3 Commercial pentabromodipheny! ether (including tetrabromodipheny! ether and pentabromodipheny! ether) 32534-8 1-9, 40088-47-9 Hexabromocyclododecane 134237-50-6, 134237-51-7, 134237-52.8. 25637-99-4, 3 194-55-6 Perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls 1691-99-2, 1763-23-1,24448-09-7, 251099-16.4 2795-39-3, 2908 | -56-9, 29457-72-5, 307-35.7 31506-32-8, 4151-50-2, 56773-42-3, 70225-| 4.2 13654-09-6, 27858-07-7, 36355-01-8 Polvbrc minated Biphenyls (PBBs) 1336-36-3 Polycliorinated Biphenyls (PCBs) 61788-33-8 — Polychlorinated Terphenyls (PCTs) 85535-84-8 ~ Short-chain chlorinated paraffins (SCCP) 78-00-2 “| Tetraethyl lead 1461-22-9, 1983-10-4, 2155-70-6, 24124-25-2, Tributyltin compounds 4342-36-3, 56-35-9, 85409-17-2 Tris(2,3 dibromopropyl) phosphate 126-72-7 B 4239 THIRD SCHEDULE | [Regulation 14 (2)(c) and 20 (d)] MATERIAL SAFETY DATA SHEETS (MSDS) 4, CRITERIA POR PRODUCING AN MSDS /\s An MSDS should be provided for all chemicals and mixtures which meet the criterta for physical, health or environmental hazards under the Globall r armonized System (GHS). 4 B, ELEMENTS OF MSDS (a) identification (trade name, chemical name, common name, CAS number, etc) ; (b) hazard(s) ; (c) composition and/information on ingredients ; (d) first-aid measures ; (e) fire fighting measures ; (f) accidental release measures ; (zg) handling and storage ; (h) exposure controls and personal protection ; (i) physical and chemical properties ; (j) stability and reactivity ; (k) toxicological information ; (/) ecological information ; (m) disposal considerations ; (n) transport information ; (0) regulatory information ; and (p) other Information. p 4240 FOURTH SCHEDULE [Regular alion 20 (f) INFORMATION TO BE INDICATED IN A CHEMICAL SAFETy CARD ; Appearance. Any reaction upon exposure to air or water ? : Any reaction upon heating or contact with elements oe Physical State Physical Dangers : Chemical Dangers compound ? Occupational Exposure Limits : Time Weighted Average (TWA) for skin exposure ? Routes of Exposure ingestion ? Inhalation Risk : High, medium or low? Effects of Short-Term or Long-Term or Repeated Exposure : Acute or : Through inhalation, contact with the skin or eyes oy chronic ? Liability : Who is liable in case of accident ? Environmental Data : |s the substance very toxic to aquatic organisms ? In the food chain is it Important to humans ? Does Bioaccumulation take place specifically in Fish ? Physical Properties : liquid or solid, stable or unstable ? Spillage : How to prevent and control. Disposal : safe disposal method. Storage : What is the duration of storage, temperature requirement, under dry or moist condition ? Packaging & Labelling : Based on GHS or otherwise ? First Aid/Fire Fighting : emergency treatment in case of accident and the fire fighting method. FIFTH SCHEDULE [Regulation 10 ( 2 aulDELINES FOR HAZARD AND PRECAUTIONARY stares |. Labelling with Hazard and Precautionary Statements shall b . e in scordance with UN Globally Harmonized § ste a of nd Labelling of Chemicals. ystem (GHS) of Classification 2. The wording of Hazard and Precautionar 4: St accordance with the UN GHS. y statements shall be in 3. Although the final choice of the most appropriate hazard and precautionary statements is primarily governed by the need to give all necessary information, consideration shall also be given to the clarity and impact of the label. With clarity in mind, the necessary information shall be expressed ina minimum number of statements. 4. As a general rule all hazard and precautionary statements on the basis of which the substance or mixture is classified shall be indicated on the label. 5. Where the classification of flammability and hazards to health results in more than four(4) hazard statements, it is possible to eliminate some of the statements which refer to the lowest degree of hazard, provided the overall effectiveness is not reduced. 6. The hazard statements which indicate danger for the environment are obligatory. 7. The final choice of precautionary statements shall have regard to the hazard statements indicated on the label and to the intended use of the substance or mixture. 8. Certain precautionary statements have particular eee ° substances and mixtures intended to be used by the general public where other statements have particular relevance to persons at sais all be chosen with the intended use in view. given, in the choice of precautionary fuse of certain substances and mixtures 9. Statements sh 10. Particular attention shall be statements, to the foreseen conditions 0 . osol effects. €.g. spraying OF other aer . ti e anda . 1. In the case of danger to the environment, a minimum of on . inthnec be used. statements shall maximum of 4 precautionary Pp tionary statements which obviously correspond to hazard 12. Precaution ‘eit is intended to emphasize a specific the label only if it is in statements shall appear on warning. B 4241 B 4242 SIXTH SCHEDULE [Regulatioy, 2 REQUIRED IN AN IMPORT OR ExPoRy LEARANCE APPLICATION he information prescribed in the Clearance and Liceng: provide a transport document containiy 8 INFORMATION C In addition tot form, an importer or exporter shall the following shipment details : | (i) United Nations Number., proper shipping name, hazard class subsidiary hazard, packaging group. (b) number and kind of packages. (c) shipper’s declaration ; and (d) shipper/consignor/consig nee. SEVENTH SCHEDULE [Regulation 12 (1) (b)} GUIDELINES FOR TRANSPORTATION OF HAZARDOUS SUBSTANCE 1. The following are to be submitted before transporting hazardous substances : (a) the description of the category and quantity of highly toxic substances for transportation ; (b) the detail regarding the place of departure and the place of destination, expected transportation time and route ; (c) the composition/constituent information of substances physical and chemical properties, hazard class ; and (d) the hazard identification, classification and chemical safety label. 2. The following precautionary measures shall be observed when transporting hazardous substances : (a) the trough containers and other containers for transporting hazardous substances should be sealed tightly to protect the chemicals from any leakage and sparkle leakage because of any change of temperature, moisture or pressure ; (b) the overflow and pressure relief devices shall be s et be easy to work ; accurately and | (c) - drivers, paths loading and unloading management personnel ransport escorts, declarers, and on-site contai i ; . , , ainer stuffing inspectors fe transporting of hazardous substa i Fide and the nces shall be trained sa ed to understand the rd properties of the transported hazardous substances, the requirements for the use of packaging materials and containers, and em measures in case of accidents ; , €rgency response (e) only competent and appropriately registered carr; to transport hazardous substances : and 8 carriers should be used (f) clearance Letter from the FRSC. 3. When transporting any chemicals and pesticide, the carrjer should have a Transport Emergency Card (TREMCARD) inside the vehicle. The TREMCARD should have details of the substances being carried, its hazard(s) and what actions should be taken in the event of an emergency. It should also contain a contact name and telephone number that the emergency services can contact in the event of an accident. This TREMCARD should be visibly displayed in the vehicle at all times when transporting hazardous substances. Once the load has been delivered, the TREMCARD should be removed from view. Records of all shipments of hazardous substances should be kept. 4. Chemicals shall be classified according to UN number (the International System for Identifying Hazardous Substances), classification of the chemical according to hazard and the appropriate packaging group has to be determined. 5. All packaging should be secured and ensure that the hazardous substance cannot escape, leak or cause any risk to health and safety when exposed to normal stresses and strains of transport. The type of packaging will depend on the container that the substance is in (e.g. glass bottle or plastic container) and the hazard of the substance (e.g. explosive, corrosive or category of the infectious agent). 6. The package(s) shall be appropriately labeled and shall meet the GHS requirement for labeling. Transport labels are diamond in shape and have different colored backgrounds according to the hazard. Each diamond per a pictogram describing the hazard, written details of the hazard and shou include the transport classification number. 7. The models, category, specification, unit quantity and mark of packaging shall meet the standard requirements. 8. The packing method shallt meet the standard requirement and the use of package should be appropriate. 9. The packages shall be sealed tightly and should be leakage free. 10. Certificate of conformation shall be issued from the point of lifting. B 4244 EIGHT SCHEDULE [Regulation \4 (2) (q GUIDELINES FOR THE STORAGE OF CHEMICALS 1. Chemicals shall be stored according to the manufacturer’s instruction. on the safety data sheet. i . 9. Premises shall only keep the minimum quantity of hazardous substances necessary. 3. Incompatible substances shall be stored separately. 4. Facilities and operators handling chemicals shall take steps to Prevent release or leakage of dangerous substances. 5. Facilities and operators handling chemicals shall keep a spill kit nea, to storage areas, and ensure that staff are trained on management of spill, 6. Facilities and operators handling chemicals shall clean up any leaks or spills that may occur. 7, Facilities and operators handling chemicals shall use appropriate precautions when handling substances-for example, wearing appropriate protective clothing or ensuring adequate ventilation. 8. Facilities shall ensure that employees who store and handle dangerous substances are properly trained. 9. Facilities shall check that containers used for short-term storage are properly labelled. | 10. Facilities shall ensure that flammable substances are correctly stored in suitable containers and are not stored near to a source of ignition such asa heater. 11. Stores of liquid shall be located above ground where they’ re unlikely to be damaged, e.g. away from traffic routes. ) 12. Overfilling of containers must be avoided. 13. Deliveries shall be supervised. 14. Facilities shall maintain gauges, valves and pipe work. . 5. Facilities shall monitor chemical and pesticides use - unexpectedly high use may indicate a leak. 16. Facilities shall have procedures for dealing with emergency leakages. 17. Facilities shall use a secondary containment system such as a drip tray or bund (a storage area designed to prevent liquids escaping). deme Eoatalsers shall be labelled ; Labels shall, at a minimum, state the manufeatures ti . appears on nia MSDS and chemical inventory), the chemicals’ h o REDOF NET, OF Supplier s name and contact information, and the azard information. Existing labels on incoming containers shall not be removed or defa ced unless inar te} . : the required information. the container is immediately marked with B 4245 19. Secondary or “ er'’c svitt not be weed wits r ines containers shall be labelled if the chemical Mone work shift or if the container will not be attended and under the users immediate supervision. It is beet constantly always label secondary containers, Secondary container labelli hall inck ne the name of the substance and hazard warnings = — 20. In order to avoid acciden i ( i tal spills and contamination use, and handling procedures shall be established and followed. “roan 21. All facilities and 0 | : Hlities perators handling chemicals shall keep only a quantity of chemicals and pesticides that will be used during that shift Ae Clearance out of approved storage locations. 22. Work areas shall be kept clean and orderly. 23. Containers should be kept tightly sealed. Stoppers and other loosely fitting lids are not acceptable for permanent chemical storage. 24. Chemicals or products that are no longer needed should be disposed of properly. Do not simply pour liquids down the drain. If the container label does not specify the proper disposal method, contact the A gency for guidance. 25. Chemical containers should be inspected regularly for signs of leaking, rust, or deterioration which may make them inherently dangerous (e.g. crystal formations). 26. When it is necessary to move chemical containers “in-house”, additional precautions may be necessary. Flammable liquids or corrosives should be transported in an appropriate safety-carrying container. Compressed gas cylinders shall be in an upright position, regulators removed, cylinder caps in place, and secured in a cart manufactured for such purposes. 27. Corrosive chemicals should be stored in safety-coated containers on shelves below eye level. 28. Acids and bases shall be stored in their proper chemical classes and segregated from other incompatible chemicals. 29. Separate storage areas shall be provided for chemicals that may react with each other and create a hazardous condition. Rubber tubs are a convenient and economical! solution for separating chemicals into compatible chemical groups. They should be clearly labelled for the chemical group. However, in the case of volatile, incompatible chemicals, there is no substitute for segregation in separate spaces. Chemicals, such as ether and glacial acetic acid, can react violently in the presence of njtric acid in an enclosed cabinet. 30. Highly toxic chemicals should be stored in unbreakable containers, oF in unbreakable secondary containers. aa 31. Cylinders of highly toxic gases should be stored in gas cabinets “ened for that purpose, or ina functioning laboratory fume hood designed to Conta; 4 lain the accidental release of the cylinder contents. B 4246 32. While all chemicals are reactive to some degree, special atte must be given to some inherently unstable and potential ly reactive and exp chemicals which are susceptible to rapid decomposition or reaction, Th, Se chemicals can react alone, or with other substances in a violent manner, givin off heat and toxic gases or leading to an explosion. Reactions of these chem; eal often accelerate out of control and may result in injuries or costly accident, 33. All operators handling chemicals shall always read and understang the protocols for manipulating the chemicals and managing any chemical waste. appropriately. 34, Chemical container other handling or emergency e 35. Flammable liquids stored outside of an approved cabinet in an emergency exit path are strictly prohibited. 36. Records of paints manufacture and import should be properly maintained and stored. losive 5 shall be arranged so that forklift trucks ang quipment is not obstructed. NINTH SCHEDULE [Regulation 14 (2) (a) GUIDELINES FOR WAREHOUSING HAZARDOUS SUBSTANCES |, The layout of warehouses should be designed in accordance with the nature of materials to be stored with adequate provision for emergency exits If necessary, the floor area and the volume of storage should be limited by compartmentalizing the building in order to allow the necessary segregation of incompatible chemicals. y 4 Warehouses should be substantially closed in and capable of being locked. The construction materials should be non-flammable and the frame o sehen should be in reinforced concrete or steel. A steel frame shoul ae o Looeanenarikes heat by insulation. Doors in internal walls should pac Ae “ simi ar to that of the wall itself and be self-closing, 1 isible link or a link activated by the automatic fire detection 3. Emerg exj be provided my oie other than those afforded by the main doors should shall be clearly and eo ess than two exits from every floor. Emergency exits an adequate size. Th picuously marked by a notice printed in red letters They should be fitted so as to open outwards from the room, passage or staircase and sh f ; shall not be kept lock ree from obstruction. They should be eeenehel sprue ane should b € dark. 4. Foundation S an loads for which they ane noors shall be of sufficient strength to sustain the to prevent a risk of oer esigned. Floors should be of safe construction 50 8 Persons falling and structurally sound so as to prever! risk of collapse and shall be properly maintained and kept § material. | hey also should be impermeable to liquids, 4 hey a uke but not slippery, and free from cracks to allow for easy ve to contain leakage and contaminated fire-fighting water fo of a surrounding sill or curb, . Ny loose should be smooth, ing and be designed r instance by means 5. Narrow aisles or tight corners will increase the risk of damage tc packs. All aisles as well as gangways and forklift truck routes should be clearly defined by markings on the floor and k ; ept free fi ai pedestrians to avoid injury. P rom obstructions and from hei 6. A I facilities and operators handling chemicals shall ensure that stacking eights should not exceed three metres except with the use of racking . All facilities and operators handling chemicals shall prevent overloading the lower tiers and ensure stability. 8. Where racking is not provided, chemical containers must not be stacked to a height which is likely to cause damage to the lower tiers. 9, All facilities handling chemicals shall have a layout plan drawn up showing the nature of hazard in each part of the warehouse 10. Unless otherwise specified by the manufacturer, store chemicals in a cool, dry, well-ventilated location that is out of direct sunlight. General guidelines for each type of chemical are provided below. 11. All chemical storage rooms shall be reviewed and approved by the Agency, 12. Highly toxic chemicals shall be stored away from fire hazards, heat and moisture, and be isolated from corrosive and reactive chemicals. 13. Access to the storage areas for highly toxic substances shall be restricted. 14. All facilities handling chemicals shall not be located in flood-prone and geologic hazard areas. 15. All facilities handling chemicals shall set up visible safety signs in the warehouse or sites 16. All facilities handling chemicals shall employ ne ae ented manage specialized warehouse, field or store room where chemicals sha stored. 17. All facilities and operat of in and out stock checking and registration. 18. All facilities and operators handling chemicals shall conduct regular testing and inspection on the safety facilities and instaltation. — 19. All facilities handling chemicals shall be well ventilated and illuminated. 20. All facilities handling chemicals shall have saver protectorto cover ors handling chemicals shall establish a system electrical (upset). B 424: TENTH SCHEDULE ZARDOUS WAS AND TYPES OF HA TE CLASSIFICATION (HAZWASTE) Types of Hazardous Waste include (a) wastes that are — (i) explosive, (ii) corrosive, (iii) flammable, (iv) poisonous, (v) Toxic, (vi) ecotoxic, and (vii) infectious ; (b) waste that belong to any of the following categories : (i) clinical wastes, (ii) gases, (iii) organic peroxides and self-reactive substances, (iv) radioactive materials, (v) waste oils or water, hydrocarbons or water mixtures, emulsions; (vi) wastes from the production, formulation and use of resins, latex, plasticizers, glues and adhesives, (vii) wastes resulting from surface treatment of metals and plastics, and (viii) miscellaneous dangerous goods and article; (c) waste arising from industrial processes ; and (d) wastes with the characteristics listed in the Eleventh Schedule. UN CLASS l 4,1 4,3 € ) CODE H H3 B 4249 ELEVENTH SCHEDULE [Regulation 15 (1)] HAZARDOUS WASTE CHARACTERISTICS CHARACTERISTICS | Explosive ance or waste is a solid or liquid substance or waste stes) which is in itself capable by { such a temperature and pressure An explosive subst (or mixture of substances or wa chemical reaction or producing gas a and at such a speed as to cause damage to the surroundings. Flammable Liquids The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example paints, varnishes, lacquers and others but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5°C, closed cup test, or not more than 65.6°C open-cup test (since the results of open-cup tests and closed-up tests are not strictly comparable and even individual results by the same tests are often variable, regulations varying from the above figures to make allowance for such difference would be within the spirit of this definition). H4.1 Flammable Solids H4.2 H4, H5.] 3 Solids or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. Substances or wastes liable to spontaneous combustion Substance or wastes which are liable to spontaneous heating under normal conditions encountered in transport or to heating up on tract with air, and being then liable to catch fire. Substances or wastes which, in contact with water emit flammable gases ; substances or wastes which, by interaction with water, are liable to become spontaneously flammable or give off flammabl in dangerous quantities. — Oxidizing Substance ile i stances or wastes which, while in themselves not necessary combustible, may general ieldi » mi y, by yielding oxygen, cause the combustion of other materials. ss Organic Peroxi i eae ; ae Organic substances or wastes which contain the ~U-structure are thermally unstable substances 4250 . | : ) Residues arising from industrial waste disposal operations esi (c ; ; ‘ : compounds such as: Copper, zinc, cadm (d) Wastes which contain certain compo lum, Mercury lon Se ae ical and electronic appli ve cal and electronic a spent (c) End-of-Life waste of jeseneineel “rect 1 Pphances or FeSidugg arising from the incineration of same : an ({) Waste that contains dangerous substance(s) (as identified by the Agency) above standard limits as established by the Agency based on scientific factors 9 Fas a result of international commitment. TWELFTH SCHEDULE [Regulation 15 (2)} GUIDELINES FOR LABELLING AND PACKAGING OF HAZARDOUS WAS i. The label shall contain t! ae. i¢ following information in lewibie characters, written in English : (a) Name, physical address and telephone contact of the generator of Waste : (b) Waste Composition and (c) Normal storage, Stability and methods of storage ; and (@) Name and percer Mage of weight of active ingredients and names and : gr a nam fain —— OF Weights of other ingredients or half-life of radioactive (e) Warning or caut} utio Ae P as appropriate - "statements which may include any of the following (7) the words « total weight of waste : ‘WARNING? or os ao 7, (ii) the Word “POISON” AUTION ° (marked indelibly in red on a contrasting Skul] and Crossbones; Irst aj ' : . ; rmal measures, including the antidote when inhaled, (vi) a direction } ontact : ’ at a phycias.., . a gy UN Global Pp nt 7 be co US Chemica] Containers Shall shtoan SO app ntacted immediately; and GHS) guidelines for labelling ly. B 425] THIRTEENTH SCHEDULE [Regulation 24(1)] GUIDELINES FOR EMERGENCY PREPAREDNESS AND RESPONSE PLANS The Emergency Preparedness and Res in the event of any accident or emergency transporting. storing or usage. ponse Plan is to be implemented involving any chemical handling, This shall cover off-site impact including the : (a) identification of likely accident scenarios and establishment of the likely impact zones ; (b) notification and activation procedures : (c) response actions to control and contain the release and to mitigate the impact of the release : (¢) names of personnel with assigned roles and responsibilities in dealing with the emergency ; (¢) list of emergency response equipment, including protective gears, fire fighting equipment; etc. (f) schedule for monitoring the affected areas ; and (g) procedures for decontamination and clean-up of affected areas. FOURTEENTH SCHEDULE | {Regulation 25 (1)] GENERAL CODE OF PRACTICE FOR THE SAFE USE OF PESTICIDES AND OTHER AGROCHEMICALS (1) Transport of chemicals in the cabin of the vehicle, or on any vehicle containing food, feedstuffs or fertilizer is prohibited. (2) Wash hands thoroughly with soap and water after spraying. . (3) Wash thoroughly personal protective equipment at the completion of each job, and store to ensure it does not become contaminated or damaged. (4) Report any symptom of ill health. . (5) The storage, loading or mixing of chemicals adjacent to, or near, environmentally sensitive areas such as water bodies, forest reserves and wildlife are not allowed . (6) Do not allow the contamination of surface water bodies or zround Water with spray drift, or with waste chemicals or containers. . (7) Ensure that appropriate arrangements and facilities for the proper 'Sposal of waste chemicals and containers are provided. sn (8) Ensure that recyclable or refillable containers are used wherever Ssible, B 4252 (9) Install check (or non-return) valves which prevent back-flow When, filling spray tanks from surface waters, and in suction lines for chemica} irrigation systems which draw directly from surface waters. (10) Avoid the application of chemical on to paddocks under irrigation, to prevent contamination of water bodies and/or drainage channels, In some situations, the use of vegetation shelter belts and drainage filters may be usefy, (11) Use ground rigs in preference to aerial application to minimize drift, especially when crops and adjacent plants are flowering. (12) Ensure that you have clean washing water and soap for personal use. (13) Do not mix chemicals if the label prohibits or warns against it, or if you are unsure of the impact of the mixture in the spray solution or on the target crop. (14) Observe wind direction, wind speed, temperature and humidity, and check that they are within acceptable limits before spraying takes place to avoid unpredictable spray drift. (15) Monitor and record wind direction, wind speed, temperature and humidity prior to every spraying operation. Do not spray when the wind is blowing towards sensitive crops or areas, unless an appropriate vegetation buffer or buffer distance is imposed. . (16) Where possible, spray with a crosswind working towards the unsprayed area. a (17) Be alert to changes in wind direction and be prepared to modify or cancel a spray operation as necessary. (18) Where inversions are not likely to occur, spraying should ideally be carried out when temperatures for the-day are at their lowest, and when atmospheric conditions are neutral . (19) During ground application, Pesticide Owner or Manager or Operator or Sprayer etc shall : , (a) notify neighbours and erect signs if appropriate, to prevent inadvertent entry into sprayed areas within an unsafe period ; (b) set the release height of the boom as low as possible consistent with nozzle specifications and coverage requirements, not exceeding optimutl boom height specified by the nozzle manufacturer : (c) spray pressure should be as low as possible, consistent with nozz!¢ specifications and coverage requirements ; (d) select nozzles that minimize the number of fine droplets that have the potential to drift, consistent with good coverage of the crop ; (¢) consider spraying only when the wind is blowing away from the sensitive area, and if this is not possible, spray only the upwind section o! the area, in order to provide a practicable buffer distance, having reg" a the chemical, its formulation, the sensitivity of the adjoining area and the wind speed and direction. . - B 4253 (20) During aerial operation, Pesticide Owner or Manager or Operator or Sprayer etc shall : (a) notify neighbours and erect signs if appropriate, to prevent insdvertert entry into sprayed areas within an unsafe period ; (b) do not apply chemicals by aircraft if the label specifj 7 this method of application ; and pecitically prohibits (c) consider spraying only the upwind section of : F the area in ord ell a aps buffer distance, having regard for the chernical, ts ormulation, t itivi Sata? j . , direction. € sensitivity of the adjoining area and the wind speed and FIFTEENTH SCHEDULE [Regulation 25 (2) and (4)} CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH (COSHH) Prevention or reduction of workers’ exposure to substances hazardous to health shall be achieved by the following : (i) finding out what the health hazards are ; (ii) deciding how to prevent harm to health ; (iii) providing control measures to reduce harm to health ; (iv) making sure they are used ; (v) keeping all control measures in good working order ; (vi) providing information, instruction and training for employees and others ; (vii) providing monitoring and health surveillance in appropriate cases ; and (viii) Planning for emergencies. B 4234 SIXTEENTH SCHEDULE [Regulation 3(1) (i), 7 and 21 (y PROHIBITED MERCURY-ADDED PropDUCTS The following products (if containing mercury) are prohibited — (a) batteries, except for button zinc silver oxide batteries with a mercury content < 2% and button zinc air batteries with a mercury content < 2% (b) switches and relays, except very high accuracy capacitance and loss measurement bridges and high frequency radio, frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20mg per bridge, switch or relay ; (c) compact fluorescent lamps (CFLs) for general lighting purposes that are < 30 watts with a mercury content exceeding 5mg per lamp bumer. effective ; (d) triband phosphor linear fluorescent lamps (LFLs) for general lighting purposes < 60 watts with a mercury content exceeding 5 mg per lamp ; (e) halophosphate phosphor linear fluorescent lamps (LFLs) for general lighting purposes < 40 watts with a mercury content exceeding 10 mg pet lamp ; (f) high pressure mercury vapour lamps (HPMV) for general lighting purposes ; (g) mercury in cold cathode fluorescent lamps (CCFLs) and external electrode fluorescent lamps (EEFLs) for electronic displays including : (i) short (<500mm) with mercury content exceeding 3.5 mg per lamp: (ii) medium (>500mm and < 1500mm) with mercury content exceeding 5 mg per lamp ; (iii) long length (>1500mm) with mercury content exceeding 13 mg per lamp ; (h) Cosmetics (with mercury content above Ippm), including skin lightening soaps and creams, and not including eye area cosmetics where mercury is used as preservatives and no effective and safe substitute preservatives are available ; and (i) Non-electronic measuring devices (Barometers, Hygrometers, Manometers, Thermometers, Sphygnomanometers) except those installed in large-scale equipment or those used for high precision essurereant, where no suitable mercury-free alternative is available, ENVIRONMENTAL Import CLEARANCE REQUIREMENT As part of the annua! cl pate tine } ‘ - . p . eomeae exercise for importation of chemicals. importers are to meet the following requirements — Annual Registration with NESRE4 i » ee . on DE be renewed .. . . ACTISTTAUOR Wil © renewed annually with a renewal! fee of Fifty Thousand (N30, 800) Naira (a) Copy of Certificate of Incorporation : and (b) Copy of current Tax Clearance Certificate. NESREA Annual Import Clearance (for Importers ef Chemicals) Importers wishing to import NESREA regulated items are to submit the following documents prior to the shipment of the items — (a) Copy of Certificate of Incorporation ; (b) Proforma Invoice ; (c) Copy of current Tax Clearance Certificate ; (d) Evidence of annual registration with NESREA : (e) NAFDAC permit (chemicals for pharmaceuticals and food & beverage industries) ; (7) The list of chemicals stating quantities to be imported (standard units) and the intended use (s) of the chemicals ; (g) The Materia! Safety Data Sheet (MSDS) and Transport Emergency Card for the chemicals to be imported ; (h) Evidence of registration with Pharmaceuticals Manufacturers Group of the Manufacturers Association of Nigeria (PMG-MAN) (for pharmaceutical industries) ; and (i) Evidence of membership with Food and Beverage Recycling Alliance (FBRA) (for food, beverage and tobacco industries). Importers of chemicals are to note the following — . (i) Annual registration is a prerequisite for obtaining environmental import clearance ; as ; . (i?) Any item or quantity not cleared within the year will not be carried over to the next year but treated as fresh import : (iii) Where there is need to import more Items oF quantity after obtaining the annual clearance, a fresh application will be required: (iv) Charges shall be based on certain environmental parameters such as volume and eco-toxicity ; Arelease letter will be issued for each i nport by the nearest NF : “ne to all those who have obtained the Annuel Clearance Cer The quantity released will be deducted from the anmial approved q be imported ; ; ° oi) All the above shall apply to obtain an Export C'carance Permit SREA Ificate. Uantity EIGHTEENTH SCHEDULE {Regulation 2| (4)] SUPPORTING DOCUMENTS AND INFORMATION REQUIRED FROM IMPORTERS OF MERCURY-ADDED PRODUCTS Applications for Environmental Import C learance for Mercury-added products under regulation 21(1) shall be submitted to the Agency and shall contain the following information and documents — (a) the product’s common or generic name and trade name, if any ; (b) the total quantity of mercury contained in the product, expressed in milligram ; (c) the estimated quantity to be manufactured or imported by the applicant in a calendar year ; (d) an identification and description of each known use ; (e) evidence that, at the time of the application, there is no technically of economically feasible alternative to or substitute for the product that achieves a similar result as would be achieved by using the product containing merculy; i d has a less harmful effect on the environment or on human health ' the product containing mercury ; (f) copy of a pl aC . | t the applicant will ta plan that identifies and describes the measures tha ke tO minim: Bis 2 at t mercury contained in fe or eliminate any harmful effect : © product has or may on the environment and hu afte! NINETEENTH SCHEDULE [Regulation 8(2)| RO IRCURY ANUFACTURING PROCESSESS IN WHICH MERCURY AND MERC Compounps Art Usrp M Manufacturing processes in which mercury and Phase out date mercury compounds are used Chlor-Alkali production — = Acetaldehyde production in which mercury or mercury compounds are used as a catalyst TWENTIETH SCHEDULE [Regulation 8 | MANUFACTURING PROCESSESS Measures to be taken by the parties shall include but not limited to : (a) reduce the use of mercury in terms of per unit production by 50 pa cent by the year 2020 or as soon as the effective date of these Regulations : (6) promoting measures to reduce the reliance on mercury from primary mining ; (c) taking measures to reduce emissions and releases of mercury to the environment ; (da) Supporting research catalysts and processes ; (e) not allowin the Parties to the and development in respect of mercury-free g the use of mercury five years Minamata Convention sh sed on existin economically feasible ;and (7) reportin after the Conference of all have established t} lat mercury- 8 processes h ave become technically and & to the Conference of the Parties to the “eof Minamata Convention rts to develop and/or identify alternatives and phase out mercury fthe M inamata Convention, Measures to be taken by the parties sh be limited t dto: aiming at the Phase out of B 4257 gy 4288 sting research and development in respect of METCUrY free + . ype | we . al (c) Sul sesses | e of mercury five years after t r ar not allowing the use of mercury five ) he conte ‘ ‘os has established that mercury-free processes hay the parties Nas & nally feasible: ically and economically feasible ro sii : sorting to the conference of the parties on its efforts to develop rentify alternatives and phase out mercury use in accordance With and 1denuly s . — Article 21 of the Minamata Convention, rence of e become Measures to be taken by the parties shall include but not limited to: easures : ; (a) taking measures to reduce the use of mercury, aiming at the phase ‘ : S e . e i . , . out of this use as fast as possible in Nigeria, and shall be within 10 years of the entry into force of the Minamata convention or on the effective date of these Regulations. (#) taking measures to reduce the reliance on mercury from priman mining : (c) taking measures to reduce emissions and releases of mercury to environment } . . free (@) encouraging research and development in respect of mercury catalysts and processes : i sae eur ite eve (e) reporting to the conference of the parties on its efforts to d lop Fe : : ce with and identify alternatives and phase out mercury use in accordan Article 21 of the Minamata Convention. 4 ; ly to Paragraph 6 of Article 5 of the Minamata Convention shall not apP this manufacturing process. AT) y . Sab 'S S. Production of polyurethane using mercury containing catalyst B 4259 TWENTY-FIRST SCHEDULE [Regulation 9] Limits FoR PROCESS WASTEWATER AND CONT*MINATED StoRM WaTER From CHEMICALS PRODUCTION PLANTS DisCHARGED TO SuRFACE WATERS S/NO Pollutant or parameter Limit . pH 6-9 2 BOD 50 me/l 3. COD 250 4. Oil and grease 10 S. TSS 50 mg/l 6. Heavy metals, total 10me/ 1. Arsenic 0.1 mg/t 8. Cadmium 0.1 mg/l 9. Copper 0.5 my/1 | 10. Iron 3.5 mg/l \\1. Lead 0.1 mg/l Vy. Total Mercury 0.005mg/I \3. Nickel 0.5 mg/l 14, Selenium 0.1 mg/I 15. Silver 0.5 mg/I 16. Zinc 2.0 mg/I 17. Chromium Hexavalent 0.1 mg/t | 18. Chromium Total 0.5 mg/l 19. Ammonia 10 mg/! 20. Fluoride 20 mg/l. 71. Chlorine, total residual 0.2 mg/l nD. Phenols 05mg 73. Phosphorus 2.0 mg/l 24. “Sulfide - 1.0 mg/l B 4260 TWENTY-SECOND SCHEDULE [Regulatio, ; MERCURY LIMITS IN AIR ] No. Pollutant or parameter Limits (ng 1: | mn Total Mercury 5-80 ww Elemental Mercury Hg(0) <0,005 3, Reactive Gaseous Mercury (RGM) 5-50 4, Total Particulate Mercury, TPM 5-50 5, Methyl Mercury. MeHg 0.005-0.5 TWENTY-THIRD SCHEDULE [Regulation 9] MERCURY LIMITS IN SOIL S/No Pollutants or parameters Limits (mg/kg) l. Aluminium (Al) 10,000-300,000 2. Arsenic (As) 1-50, 1-40 3. Antimony (Sb) 4. Barium (Ba) 100-3,000 5. Beryillium (Be) ae 6. Cadmium (Cd) 0.0107 1 Chromium (Cr) 1-1,000;5-3,000 | 8. Copper (Cu) 2-100 9. Iron (Fe) 7,000-550,000 10. Lead (Pb) 22000 Il. Magnesium (Mn) 203,000 — 12. Mercury (Hg) 00103 13. Nickel (Ni) 5500 14. Selenium (Se) 0.01-2.0 15. Silver (Ag) 001-50 16. Thallium (Ti) enero 17. Zinc (Zn) 10300 t e e e a E TWENTY-FOURTH SCHEDULE [Regulation 25 (8) (a)] GUIDELINES FOR IMPLEMENTING THE SPRAY SERVICE PRovIDER (SSP) Mopet The Spray Service Provider (SSP) is a proven intervention model that addresses Issues of inappropriate use and waste disposal of pesticides and asa by end users. The manufacturers and importers of pesticide nie gro-c emicals shall establish SSP model with the Agency as it relates to Neir product, which involves the following steps : (a) training of agents and retailers on appropriate application and waste disposal of their pesticides and agro-chemicals of their company : (6) selection and training of relatively literate farmers as end-users of the companies on proper handling and appropriate way of praying the pesticides and agro-chemicals of their company ; (c) safe use of Personal Protective Equipment (PPE) ; (d) safe handling and disposal of the empty pesticide and agro-chemical container through the Buy-Back programme of the Agency ; (e) facilitate the trained SSPs to in turn provide spray services to other farmers in their community for a fee ; (f) facilitate proper linkage between the trained SSPs and the trained retailers for access to good quality pesticides and agro-chemicals ; and (g) provide evidence of establishing functional SSP programme to the Agency. Agency to verify claims by companies and issue necessary certification to the Company as an integral part of the EPR programme of the Agency. B 42 B 4262 TWENTY-FIFTH SCHEDULE sa a [Regulation 4] CHARACTERISTICS OF HAZARDOUS CHEMICAy S The Characteristics of hazardous chemicals include — (a) flammable ; (b). corrosive ; (c) reactive ; (d) toxic ; and (e) Environmentally bio-accumulative. Mabe at Abuja this 8th day of November, 2023. Dr. 171AQ ADEKUNLE ADEBOYE SALAKO Honourable Minister of State, Environment and Ecological Management )