Statutory Instruments 1999 No. 743
The Control of Major Accident Hazards Regulations 1999 - continued

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SCHEDULE 1
Regulations 2(1)(8) and 3(1)


DANGEROUS SUBSTANCES TO WHICH THE REGULATIONS APPLY


     (This Schedule sets out the provisions of Annex I of the Directive)


PART 1

Introduction

     1. This Schedule applies to the presence of dangerous substances at any establishment and determines the application of the relevant regulations in accordance with regulation 3(1).

     2. Mixtures and preparations shall be treated in the same way as pure substances provided they remain within the concentration limits set according to their properties under the relevant provisions specified in Part 3, Note 1, unless a percentage composition or other description is specifically given.

     3. The qualifying quantities set out in Parts 2 and 3 relate to each establishment.

     4. The quantities to be considered for the application of the relevant regulations are the maximum quantities which are present at any one time. Dangerous substances present at an establishment only in quantities equal to or less than 2 per cent of the relevant qualifying quantity shall be ignored for the purposes of calculating the total quantity present if their location within an establishment is such that it cannot act as an initiator of a major accident elsewhere on site.

     5. The rules given in Part 3, Note 4 governing the addition of dangerous substances, or categories of dangerous substances, shall apply where appropriate.



PART 2

Named Substances

Where a substance or group of substances listed in this Part also falls within a category of Part 3, the qualifying quantities set out in this Part must be used.

Column 1 Column 2 Column 3
Dangerous substances Quantity in tonnes
Ammonium nitrate (as described in Note 1 of this Part) 350 2,500
Ammonium nitrate (as described in Note 2 of this Part) 1,250 5,000
Arsenic pentoxide, arsenic (V) acid and/or salts 1 2
Arsenic trioxide, arsenious (III) acid and/or salts 0.1 0.1
Bromine 20 100
Chlorine 10 25
Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide) 1 1
Ethyleneimine 10 20
Fluorine 10 20
Formaldehyde (concentration =>90%) 5 50
Hydrogen 5 50
Hydrogen chloride (liquefied gas) 25 250
Lead alkyls 5 50
Liquefied extremely flammable gases (including LPG) and natural gas (whether liquefied or not) 50 200
Acetylene 5 50
Ethylene oxide 5 50
Propylene oxide 5 50
Methanol 500 5,000
4, 4-Methylenebis (2-chloraniline) and/or salts, in powder form 0.01 0.01
Methylisocyanate 0.15 0.15
Oxygen 200 2,000
Toluene diisocyanate 10 100
Carbonyl dichloride (phosgene) 0.3 0.75
Arsenic trihydride (arsine) 0.2 1
Phosphorus trihydride (phosphine) 0.2 1
Sulphur dichloride 1 1
Sulphur trioxide 15 75
Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent 0.001 0.001
The following CARCINOGENS:    
4-Aminobiphenyl and/or its salts, Benzidine and/or salts, Bis(chloromethyl) ether, Chloromethyl methyl ether, Dimethylcarbamoyl chloride, Dimethylnitrosomine, Hexamethylphosphoric triamide, 2-Naphthylamine and/or salts, 1,3 Propanesultone and 4-nitrodiphenyl 0.001 0.001
Automotive petrol and other petroleum spirits 5,000 50,000

Notes

     1. Ammonium nitrate (350/2500)
This applies to ammonium nitrate and ammonium nitrate compounds in which the nitrogen content as a result of the ammonium nitrate is more than 28 per cent by weight (compounds other than those referred to in Note 2) and to aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 90 per cent by weight.

     2. Ammonium nitrate (1250/5000)
This applies to simple ammonium-nitrate based fertilisers which conform with the requirements of the Fertilisers Regulations 1991[29], and to composite fertilisers in which the nitrogen content as a result of the ammonium nitrate is more than 28 per cent in weight (a composite fertiliser contains ammonium nitrate with phosphate or potash, or phosphate and potash).

     3. Polychlorodibenzofurans and polychlorodibenzodioxins
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:


International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)
2, 3, 7, 8-TCDD 1
1, 2, 3, 7, 8-PeDD 0.5
1,2,3,4,7,8-HxCDD

1,2,3,6,7,8-HxCDD

1,2,3,7,8,9-HxCDD

 0.1
1, 2, 3, 4, 6, 7, 8-HpCDD 0.01
OCDD 0.001
2, 3, 7, 8-TCDF 0.1
2, 3, 4, 7, 8-PeCDF 0.5
1, 2, 3, 7, 8-PeCDF 0.05
1, 2, 3, 4, 7, 8-HxCDF

1, 2, 3, 7, 8, 9-HxCDF

1, 2, 3, 6, 7, 8-HxCDF

2, 3, 4, 6, 7, 8-HxCDF

 0.1
1, 2, 3, 4, 6, 7, 8-HpCDF

1, 2, 3, 4, 7, 8, 9-HpCDF

 0.01
OCDF 0.001

(T=tetra, Pe=penta, Hx=hexa, Hp=hepta, O=octa)



PART 3

Categories of Substances and Preparations not specifically named in Part 2

Column 1 Column 2 Column 3
Categories of dangerous substances Quantity in tonnes
     1. VERY TOXIC

 5 20
     2. TOXIC

 50 200
     3. OXIDISING

 50 200
     4. EXPLOSIVE (where the substance or preparation falls within the definition given in Note 2(a))

 50 200
     5. EXPLOSIVE (where the substance or preparation falls within the definition given in Note 2(b))

 10 50
     6. FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(a))

 5,000 50,000
     7a. HIGHLY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(b)(i))

 50 200
     7b. HIGHLY FLAMMABLE liquids (where the substance or preparation falls within the definition given in Note 3(b)(ii))

 5,000 50,000
     8. EXTREMELY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(c))

 10 50
    9. DANGEROUS FOR THE ENVIRONMENT in combination with risk phrases:
(i) R50: "Very toxic to aquatic organisms"		 200 500
(ii) R51: "Toxic to aquatic organisms"; and

     R53: "May cause long-term adverse effects in the aquatic environment"

 500 2,000
     10. ANY CLASSIFICATION not covered by those given above in combination with risk phrases:

      (i) R14: "Reacts violently with water" (including R14/15)

 100 500
(ii) R29: "in contact with water, liberates toxic gas"

 50 200

Notes

     1. Substances and preparations shall be classified for the purposes of this Schedule according to regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994[30] whether or not the substance or preparation is required to be classified for the purposes of those Regulations, or, in the case of a pesticide approved under the Food and Environment Protection Act 1985[31], in accordance with the classification assigned to it by that approval.

In the case of substances and preparations with properties giving rise to more than one classification, for the purposes of these Regulations the lowest thresholds shall apply.

     2. An "explosive" means:

    (a)

      (i) a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R 2),

      (ii) a pyrotechnic substance is a substance (or mixture of substances) designed to produce heat, light, sound, gas or smoke or a combination of such effects through non-detonating self-sustained exothermic chemical reactions, or

      (iii) an explosive or pyrotechnic substance or preparation contained in objects;

    (b) a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R 3).

     3. "Flammable", "highly flammable", and "extremely flammable" in categories 6, 7 and 8 mean:

    (a) flammable liquids - 

           substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C (risk phrase R 10), supporting combustion;

    (b) highly flammable liquids - 

      (i)  - substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any input of energy (risk phrase R 17),      - substances which have a flash point lower than 55°C and which remain liquid under pressure, where particular processing conditions, such as high pressure or high temperature, may create major accident hazards;(ii) substances and preparations having a flash point lower than 21°C and which are not extremely flammable (risk phrase R 11, second indent);

    (c) extremely flammable gases and liquids - 

      (i) liquid substances and preparations which have a flash point lower than 0°C and the boiling point (or, in the case of a boiling range, the initial boiling point) of which at normal pressure is less than or equal to 35°C (risk phrase R 12, first indent), and

      (ii) gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure (risk phrase R 12, second indent), whether or not kept in the gaseous or liquid state under pressure, excluding liquefied extremely flammable gases (including liquefied petroleum gas) and natural gas referred to in Part 2, and

      (iii) flammable liquid substances and preparations maintained at a temperature above their boiling point.

     4. The addition of dangerous substances to determine the quantity present at an establishment shall be carried out according to the following rule: - 

if the sum

q1÷Q+q2÷Q+q3÷Q+q4÷Q+q6÷Q+ . . . >1
where
    qx = the quantity of dangerous substances x (or category of dangerous substances) falling within Parts 2 or 3 of this Schedule,

    Q = the relevant threshold quantity from Parts 2 or 3,

then the establishment is covered by the relevant requirements of these Regulations.This rule will apply for the following circumstances - 

    (a) for substances and preparations appearing in Part 2 at quantities less than their individual qualifying quantity present with substances having the same classification from Part 3, and the addition of substances and preparations with the same classification from Part 3;

    (b) for the addition of categories 1, 2 and 9 present at an establishment together;

    (c) for the addition of categories 3, 4, 5, 6, 7a, 7b and 8, present at an establishment together.



SCHEDULE 2
Regulation 5(3)


PRINCIPLES TO BE TAKEN INTO ACCOUNT WHEN PREPARING MAJOR ACCIDENT PREVENTION POLICY DOCUMENT


     (This schedule sets out the provisions of Annex III to the Directive)
     1. For the purpose of implementing the operator's major accident prevention policy and safety management system account shall be taken of the following elements. The requirements laid down in the major accident prevention policy document should be proportionate to the major accident hazards presented by the establishment.

     2. The major accident prevention policy should be established in writing and should include the operator's overall aims and principles of action with respect to the control of major accident hazards.

     3. The safety management system should include the part of the general management system which includes the organisational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major accident prevention policy.

     4. The following issues shall be addressed by the safety management system - 

    (a) organisation and personnel - the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and, where appropriate, sub-contractors;

    (b) identification and evaluation of major hazards - adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operation and the assessment of their likelihood and severity;

    (c) operational control - adoption and implementation of procedures and instructions for safe operation, including maintenance of plant, processes, equipment and temporary stoppages;

    (d) management of change - adoption and implementation of procedures for planning modifications to, or the design of new installations, processes or storage facilities;

    (e) planning for emergencies - adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review emergency plans to respond to such emergencies;

    (f) monitoring performance - adoption and implementation of procedures for the on-going assessment of compliance with the objectives set by the operator's major accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in the case of non-compliance. The procedures should cover the operator's system for reporting major accidents or near misses, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learnt;

    (g) audit and review - adoption and implementation of procedures for periodic systematic assessment of the major accident prevention policy and the effectiveness and suitability of the safety management system; the documented review of performance of the policy and safety management system and its updating by senior management.



SCHEDULE 3
Regulation 6(1)


INFORMATION TO BE INCLUDED IN A NOTIFICATION


     (This Schedule sets out the provisions of Article 6(2) of the Directive)
The information referred to in regulation 6(1) is as follows - 

     1. the name and address of the operator;

     2. the address of the establishment concerned;

     3. the name or position of the person in charge of the establishment;

     4. information sufficient to identify the dangerous substances or category of dangerous substances present;

     5. the quantity and physical form of the dangerous substances present;

     6. a description of the activity or proposed activity of the installation concerned;

     7. details of the elements of the immediate environment liable to cause a major accident or to aggravate the consequences thereof.



SCHEDULE 4
Regulations 5(6), 7(1),(5) and (7) and 8(1)


PURPOSE AND CONTENTS OF SAFETY REPORTS




PART 1

purpose of safety reports

(This Part sets out the provisions of Article 9(1) of the Directive)

The purposes referred to in regulation 7 are as follows - 

     1. demonstrating that a major accident prevention policy and a safety management system for implementing it have been put into effect in accordance with the information set out in Schedule 2;

     2. demonstrating that major accident hazards have been identified and that the necessary measures have been taken to prevent such accidents and to limit their consequences for persons and the environment;

     3. demonstrating that adequate safety and reliability have been incorporated into the  - 

    (a) design and construction, and

    (b) operation and maintenance,

of any installation and equipment and infrastructure connected with its operation which are linked to major accident hazards within the establishment;

     4. demonstrating that on-site emergency plans have been drawn up and supplying information to enable the off-site plan to be drawn up in order to take the necessary measures in the event of a major accident;

     5. providing sufficient information to the competent authority to enable decisions to be made in terms of the siting of new activities or developments around establishments.



PART 2

minimum information to be included in safety report

(This Part sets out the provisions of Annex II to the Directive)

The information referred to in regulation 7(1), (5) and (7) is as follows - 

     1. Information on the management system and on the organisation of the establishment with a view to major accident prevention.

This information shall contain the elements set out in Schedule 2.

     2. Presentation of the environment of the establishment:

    (a) description of the site and its environment including the geographical location, meterological, geographical, hydrographic conditions and, if necessary, its history;

    (b) identification of installations and other activities of the establishment which could present a major accident hazard;

    (c) description of areas where a major accident may occur.

     3. Description of installation:

    (a) a description of the main activities and products of the parts of the establishment which are important from the point of view of safety, sources of major accident risks and conditions under which such a major accident could happen, together with a description of proposed preventive measures;

    (b) description of processes, in particular the operating methods;

    (c) description of dangerous substances:

      (i) inventory of dangerous substances including - 

              -  the identification of dangerous substances: chemical name, the number allocated to the substance by the Chemicals Abstract Service, name according to International Union of Pure and Applied Chemistry nomenclature;      -  the maximum quantity of dangerous substances present;

      (ii) physical, chemical, toxicological characteristics and indication of the hazards, both immediate and delayed for people and the environment;

      (iii) physical and chemical behaviour under normal conditions of use or under foreseeable accidental conditions.

     4. Identification and accidental risks analysis and prevention methods:

    (a) detailed description of the possible major accident scenarios and their probability or the conditions under which they occur including a summary of the events which may play a role in triggering each of these scenarios, the causes being internal or external to the installation;

    (b) assessment of the extent and severity of the consequences of identified major accidents;

    (c) description of technical parameters and equipment used for the safety of installations.

     5. Measures of protection and intervention to limit the consequences of an accident:

    (a) description of the equipment installed in the plant to limit the consequences of major accidents;

    (b) organisation of alert and intervention;

    (c) description of mobilisable resources, internal or external;

    (d) summary of elements described in sub-paragraphs (a), (b) and (c) necessary for drawing up the on-site emergency plan.



Notes:

 [29] S.I. 1991/2197; amended by S.I. 1995/16.back

[30] S.I. 1994/3247.back

[31] c. 48.back


 
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