Statutory Instruments 1999 No. 981
The Planning (Control of Major-Accident Hazards) Regulations 1999 - continued

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International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS[18])
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; P = Penta; Hx = Hexa; Hp = Hepta; O = Octa

     4. Entry number 63
The controlled quantity of 25 tonnes in column 2 of entry 63 refers, in the case of a mixture of substances, to the quantity of substances within that mixture held above their boiling point (measured at 1 bar absolute).



PART B

CATEGORIES OF SUBSTANCES AND PREPARATIONS NOT SPECIFICALLY NAMED IN PART A

Column 1 Column 2
Categories of hazardous substances Controlled quantity (Q) in tonnes
     1. VERY TOXIC

 5.00
     2. TOXIC

 50.00
     3. OXIDISING

 50.00
     4. EXPLOSIVE (where the substance or preparation falls within the definition given in Note 2(a) to the notes to Part B, excluding those at a factory or magazine subject to assent procedures under section 7 of the Explosives Act 1875 or those licensed under the Dangerous Substances in Harbour Areas Regulations 1987[19])

 50.00
     5. EXPLOSIVE (where the substance or preparation falls within the definition given in Note 2(b) to the notes to Part B, excluding those at a factory or magazine subject to assent procedures under section 7 of the Explosives Act 1875 or those licensed under the Dangerous Substances in Harbour Areas Regulations 1987)

 10.00
     6. FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(a) to the notes to Part B)

 5000.00
     7. HIGHLY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(b)(i) to the notes to Part B)

 50.00
     8. HIGHLY FLAMMABLE liquids (where the substance or preparation falls within the definition given in Note 3(b)(ii) to the notes to Part B)

 5000.00
     9. EXTREMELY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(c) to the notes to Part B)

 10.00
     10. DANGEROUS FOR THE ENVIRONMENT in combination with risk phrases:

  
(i) R50: "very toxic to aquatic organisms"

 200.00
(ii) R51: "toxic to aquatic organisms"; and

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

 500.00
     11. ANY CLASSIFICATION not covered by those given above in combination with risk phrases:

  
(i) R14: "reacts violently with water" (including R14/R15)

 100.00
(ii) R29: "in contact with water, liberates toxic gas"

 50.00

NOTES TO PART B
     1. Substances and preparations shall be classified for the purpose of this Schedule according to regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994[20] ("CHIP") 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[21] in accordance with the classification assigned to it by that approval.

     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[22] R2);

      (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 R3).

     3. "Flammable", "highly flammable" and "extremely flammable" in categories 6, 7, 8 and 9 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 R10), 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 R17),

           - 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 R11, 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 R12, first indent), and

      (ii) gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, 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 A, and

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

NOTES TO PARTS A AND B
     1. 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 CHIP, unless a percentage composition or other description is specifically given.

     2. In the case of substances and preparations with properties giving rise to more than one classification the lowest thresholds shall apply.

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

     4. The addition of hazardous substances to determine the controlled quantity shall be carried out according to the following rule:

if the sum

q1/Q + q2/Q + q3/Q + q4/Q + q5/Q + . . . > 1
(where
    qx = the quantity of hazardous substance x (or category of substance) present, Q = the relevant controlled quantity (Q) from Part A or Part B, except for those substances for which column 3 of Part A contains a quantity Q*, in which case the quantity Q* shall be used in place of the controlled quantity Q in column 2)

then the controlled quantity of each of the substances which are added together in accordance with each of paragraphs 5(a) to (c) below shall be deemed to be present for the purposes of sections 4(2), 14(2)(c), 23(2)(a), and of section 11(5) (as applied by the Planning (Control of Major-Accident Hazards) Regulations 1999) of the Act and of section 181 (enforcement notice to have effect against subsequent development) of the principal Act as substituted by paragraph 8 of Schedule 4.

     5. The addition rule in paragraph 4 will apply for the following circumstances:-

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

    (b) for the addition of categories 1, 2 and 10 from Part B present together;

    (c) for the addition of categories 3, 4, 5, 6, 7, 8 and 9 from Part B present together.



PART C

SUBSTANCES USED IN AN INDUSTRIAL CHEMICAL PROCESS

Column 1 Column 2
Hazardous substances Controlled quantity
Where it is believed that a substance, which is within Part A or Part B, may be generated during loss of control of an industrial chemical process ("HS"), any substance which is used in that process ("S"). The amount of S which it is believed may generate, on its own or in combination with other substances used in the relevant industrial chemical process, the controlled quantity of the HS in question.

NOTES TO PART C
     1. The expression "which it is believed may be generated during loss of control of an industrial chemical process" has the same meaning as in the Directive.

     2. Where a substance falling within Part A or B also falls within Part C, the classification with the lowest controlled quantity shall apply, subject to note 3 to the notes to Part A and B."



SCHEDULE 2
Regulation 3(8)


PRESCRIBED FORMS


Form 1

    " The Planning (Hazardous Substances) Act 1990 - Section 7(1)

    The Planning (Hazardous Substances) Regulations 1992 (Regulation 5)

    General Application for Hazardous Substances Consent

         1. Name and Address of Applicant (IN BLOCK CAPITALS)


    Telephone No.

    Name and Address of Agent (IN BLOCK CAPITALS) (if any) to whom correspondence should be sent

    Telephone No.

    Contact

         2. Address or location of application site together with O.S. grid reference


         3. Substance(s) covered by the application


      (a) List named substances falling within Part A of Schedule 1 to the 1992 Regulations(a) first, then list any substances falling within the categories in Part B of that Schedule; finally list substances falling within the description in Part C.

      (b) Substances falling within Parts B or C of Schedule 1 to the 1992 Regulations may be listed under the relevant category or description or named specifically. Where a substance falls within Part A and B list under Part A only; where a substance falls within more than one category in Part B list under the category which has the lowest controlled quantity(b). Where a substance falling within Part A or B also falls within Part C list under the Part which has the lowest controlled quantity.


      Table A
      Name, or relevant category or description of substance Part and entry number (c) in Schedule 1 to the 1992 Regulations Do you have a current PHS consent1 in respect of this substance? (Yes/No) If "yes", state quantity for which consent granted Maximum quantity proposed to be present in tonnes
               
      1 a hazardous substances consent.4.Manner in which substance(s) are to be kept and usedFor each substance, category or description of substance, covered by the application, provide the following information, referring to the substance location plan where appropriate.(a)Tick one box below to show whether the substance(s) will be present for storage only or will be stored and involved in a manufacturing, treatment or other industrial process:

      Table B

      Part and entry number in Schedule 1 to the 1992 Regulations Storage only Stored and involved in an industrial process
           
           

      (b) For each vessel to be used for storing the substance(s) give the following information:

  

Table C
Vessel No2 Part and entry number in Schedule 1 to the 1992 Regulations of substance(s) to be stored in vessel Installed above ground†3 (Yes/No) Buried (Yes/No) Mounded (Yes/No) Maximum capacity (cubic metres) Highest vessel design temperature °C Highest vessel design pressure (bar absolute)
               
2 identify by reference to substance location plan

3† if "Yes", specify whether or not it will be provided with full secondary containment

 
    (c) For each substance, category or description of substance, state the largest size (capacity in cubic metres) of any moveable container(s) to be used for that substance, category or description of substances:

    (d) Where a substance, category or description of substance is to be used in a manufacturing, treatment or other industrial process(es), give a general description of the process(es), describe the major items of plant which will contain the substance(s); and state the maximum quantity (in tonnes) which is liable to the present in the major items of the plant, and the maximum temperature (°C) and pressure (bar absolute) at which the substance, category or description of substance is liable to be present:


Table D
Part and entry number in Schedule 1 to the 1992 Regulations Description of process(es) Major items of plant4 Max. quantity (tonnes) Max. temp. (°C) Max. pressure (bar absolute)
           
4 identify by reference to substance location plan

     5. Additional Information

    (a) If you have an existing PHS consent(s) as referred to in Table A, enclose a copy of each consent with this application.

    (b) Has any application for hazardous substances consent or planning permission relating to the application site been made which has not yet been determined? YES/NO

    (c) Will any such application be submitted at the same time as this application? YES/NO

    If you have answered "YES" to either of these preceding questions, provide sufficient details to enable the application(s) to be identified.





    (d) Plans. List the maps or plans or any explanatory scale drawings of plant/buildings submitted with this application.



    (e) Give any further information which you consider to be relevant to the determination of this application.

I/We hereby apply for hazardous substances consent in accordance with the proposals described in the application

Signed
on behalf of
(insert applicant's name if signed by agent)

Date
Notes

 
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Prepared 21 April 1999