The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000

Statutory Rule 2000 No. 101

The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000

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STATUTORY RULES OF NORTHERN IRELAND

2000 No. 101

PLANNING

The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000

	Made	20th March 2000
	Coming into operation	24th April 2000

Citation, commencement and interpretation

—(1) These Regulations may be cited as the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000 and shall come into operation on 24th April 2000.

(2) In these Regulations—

"the 1991 Order" means the Planning (Northern Ireland) Order 1991;

"the Hazardous Substances Regulations" means the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993[

Amendments to the 1991 Order
2. —(1) Article 53 (requirement of hazardous substances consent) of the 1991 Order shall be amended in accordance with paragraphs (2) to (4).

(2) In paragraph (1)—

(a) after sub-paragraph (a) insert—

(b) in sub-paragraph (b) for the word "it" substitute "the land mentioned in sub-paragraph (a)"; and

(c) in sub-paragraph (c) for the word "it" substitute "the land mentioned in sub-paragraph (a)".

(3) After paragraph (1) insert—

" (1A) A quantity of a substance which falls within more than one sub-paragraph of paragraph (1) shall only be counted once.".

(4) For paragraph (2) substitute—

" (2) The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless—

Amendment to the Hazardous Substances Regulations
3. —(1) The Hazardous Substances Regulations shall be amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation), after the definition of "deemed consent", insert—

" "the Directive" means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances[

(3) In regulation 3 (hazardous substances and controlled quantities)—

of Schedule 3 and present as raw materials, products, by-products, residues or intermediates are hazardous substances for the purposes of the 1991 Order.";

(4) For regulation 4 (exemptions) substitute—

shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the 1991 Order or these regulations.

(8) The presence of a substance to which paragraphs (1) to (6) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the 1991 Order or these regulations.

(9) In this regulation—

(b) "service pipe" means a pipeline used by a person to whom a licence has been granted under Article 8(1) of the Gas (Northern Ireland) Order 1996[8] to supply gas to an individual customer from a main of that supplier;

(c) "major accident" means an occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of any operation carried out on, over or under land in respect of which there is required to be a hazardous substances consent and leading to serious danger to human health or the environment, immediate or delayed, and involving one or more hazardous substances;

(d) the expressions "initiator", "major emission, fire or explosion", "resulting from uncontrolled developments", "leading to serious danger to human health or the environment, immediate or delayed", "waste land-fill site" and "ionising radiation" have the same meaning as in the Directive.".

(5) In regulation 10 (consultations before determining applications for hazardous substances consent) in paragraph (b) for "the Department of Economic Development" substitute "the Health and Safety Executive for Northern Ireland", and add "(c) the Fire Authority for Northern Ireland.".

(6) In regulation 16 (interpretation of deemed consent provisions)—

(7) In Schedule 1 (prescribed forms) for form 1 (general application for hazardous substances consent), form 2 (application for either hazardous substances consent without a condition imposed on a previous consent or application for the continuation of a hazardous substances consent following a change in control of part of the land) and form 5 (claim for deemed consent), substitute the new forms 1, 2 and 5 set out in Schedule 1 to these regulations.

(8) In Schedule 2 (deemed consent conditions)—

    (9) For Schedule 3 (hazardous substances and controlled quantities) substitute the new Schedule 3 as set out in Schedule 2 to these regulations.

Transitional provisions
     4. For the purposes of the transition to the amendments made by regulations 2 and 3—

    (1) paragraph 4 of Schedule 4 to the 1991 Order (transitional provisions) shall apply with the following modifications—

(a) in sub-paragraph (1) for the words immediately following head (b) substitute—

" if—

(b) sub-paragraph (2) shall be omitted;

(c) in sub-paragraph (3), after the words "establishment period" insert "for which hazardous substances consent was not required during that period";

(d) in sub-paragraph (5), for the words "(6) to (8)" insert "(7) and (8)";

(e) sub-paragraph (6) shall be omitted;

(f) in sub-paragraph (7) for the words "If at the commencement date such a notification was not so required, hazardous" substitute "Hazardous";

(g) for sub-paragraph (10) substitute—

" (10) In this paragraph—

"establishment period" means the period of 12 months immediately preceding the relevant date;

"established quantity" means in relation to any land, the maximum quantity which was present on, over or under the land at any one time within the establishment period;

"the relevant date" means the date on which the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000 came into operation;

"the transitional period" means the period of 6 months beginning with the relevant date."; and

(2) the conditions in Schedule 2 to the Hazardous Substances Regulations shall be modified by the substitution of the following condition for condition 1—

" 1. The maximum aggregate quantity of the substance that may be present—

at any one time shall not exceed the established quantity and in calculating whether the established quantity is exceeded, a quantity of a substance which falls within more than one sub-paragraph of this paragraph shall only be counted once.".

Amendment to the Planning (Development Plans) Regulations (Northern Ireland) 1991
5. —(1) The Planning (Development Plans) Regulations (Northern Ireland) 1991[9] shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation)—

(3) In regulation 9 (additional matters to be contained in a development plan) after paragraph (b) add—

(4) After regulation 9 insert—

Regard to be had to certain matters

9A.

In formulating its policies in a development plan the Department shall have regard to—

Amendment to the Planning (General Development) Order (Northern Ireland) 1993
6. —(1) Article 15 of the Planning (General Development) Order (Northern Ireland) 1993[10] (consultations as to applications for planning permission) shall be renumbered as paragraph (1) of that Article and for paragraph (1)(b) there shall be substituted—

or which is otherwise likely to result in a major increase in the number of persons working within or visiting the notified area; and

(ii) where the development—

(2) At the end of Article 15(1) there shall be added—

Sealed with the Official Seal of the Department of the Environment on

20th March 2000.

L.S.

J. McConnell
A senior officer of the Department of the Environment

SCHEDULE 1

Regulation 3(7)

" FORM 1

Planning (Northern Ireland) Order 1991, Article 54(1)

The Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 (Regulation 5)

General Application for Hazardous Substances Consent

(a)

(b)

TABLE A

Name or relevant category or description of substance	Part and Entry Number (c) in Schedule 3 to the 1993 Regulations	Do you have a current PHS consent* in respect of this substance? (Yes/No)	If "Yes", state state quantity for which consent granted	Maximum quantity proposed to be present in tonnes

* a hazardous substances consent

TABLE B

Part and Entry Number in Schedule 3 to the 1993 Regulations	Storage only	Stored and involved in industrial process

storing

TABLE C

Vessel No*	Part and Entry No. in Schedule 3 to the 1993 Regulations of substance(s) to be stored in vessel	Installed above Ground† (Yes/No)	Buried (Yes/No)	Mounded (Yes/No)	Maximum Capacity (cubic metres)	Highest vessel design temperature (°C)	Highest vessel design pressure (bar absolute)

capacity in cubic metres

moveable

manufacturing, treatment or other industrial process(es)

TABLE D

Part and Entry No. in Schedule 3 to the 1993 Regulations	Description of process(es)	Major items of plant*	Maximum quantity (tonnes)	Maximum temperature (°C)	Maximum pressure (bar absolute)

* identify by reference to substance location plan

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

Plans

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

*delete where inappropriate

. . . . . . . . . . . . . . . . . . . .

Notes
(a) The "1993 Regulations" are the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 as amended by the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000.

(b) The "controlled quantity" means the quantity specified for that substance in column 2 of Parts A, B or C of Schedule 3 to the 1993 Regulations.

(c) For Part C, state the Part only.".

FORM 2
Planning (Northern Ireland) Order 1991 Articles 58 and 60
The Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 (Regulations 5(2) and (3))
Application for either: (tick appropriate box)

□ Hazardous Substances Consent without a condition(s) imposed on a previous consent (Article 58)

OR

□ Continuation of Hazardous Substances Consent following a change in control of part of the land (Article 60)

1. Applicant (IN BLOCK CAPITALS)

2. Address or location of Application Site together with OS Grid Reference

3. Substances covered by application

(a)

(b)

Name or relevant category or description of substance	Part and Entry Number (c) in Schedule 3 to the 1993 Regulations	Maximum quantity proposed to be present (in tonnes)

5. Application for the continuation of hazardous substances consent(s) following a change in the person in control of part of the land (Article 60)

6. Additional Information

Give any additional information which you consider to be relevant to the determination of this application—

I/We* hereby apply for hazardous substances consent/the continuation of hazardous substances consent* in accordance with this application.

* delete where inappropriate

. . . . . . . . . . . . . . . . . . . .

FORM 5

Planning (Northern Ireland) Order 1991, Schedule 4 Paragraph 4(4)
The Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 (Regulation 14)
Claim for Deemed Consent
Part 1 — Claimant and Site
1. Claimant (IN BLOCK CAPITALS)

     2. Full postal address or location of land to which the claim relates together with O.S. grid reference

     3. General description of activities carried on at the site during the establishment period

Part 2 — Substances for which consent is being claimed and established quantity

every

(a)

(b)

TABLE A

Hazardous Substances(s) present during establishment period (c) for which consent not required during that period	Part and Entry Number (d) in Schedule 3 to the 1993 Regulations	Established Quantity (e)

Notes to Part 2
(a) The "1993 Regulations" are the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 as amended by the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000.

(b) The "controlled quantity" means the quantity specified for that substance in column 2 of Parts A, B or C of the 1993 Regulations.

(c) The "establishment period" is the period of 12 months immediately preceding the relevant date; the "relevant date" is the date the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000 come into operation.

(d) For Part C state the Part only.

(e) The "established quantity" is the maximum quantity present during the establishment period.

Part 3 — Moveable Container Storage Areas
For each area identified in any moveable container storage area plan which accompanies this claim specify—

Part 4 — Vessel Capacity, Temperature and Pressure
(see next page)

4 : Vessel Capacity, Temperature and Pressure— Table B

                      Below ambient temperature (b) At ambient temperature (c) Above ambient temperature (d)

                      1 (e) 2 (f) 3 (g) 4 (h) 5 (i) 6 (j) 7 (k) 8 (l) 9 (m) 10 (n) 11 (o)

Vessel Area (a) Part and entry number in Schedule 3 to the 1993 Regulations Largest capacity vessel Highest vessel design pressure Buried or mounded vessels largest capacity vessel Buried or mounded vessels highest vessel design pressure Non-buried or non-mounded vessels largest capacity vessel Non-buried or non-mounded vessels highest vessel design pressure Present at or below boiling point at 1 bar largest capacity vessel Present at or below boiling point at 1 bar highest vessel design pressure Highest design temperature Present at or below boiling point at 1 bar largest capacity vessel Present at or below boiling point at 1 bar highest vessel design pressure







Notes to Part 4 Table C
(a) This table should be completed for each vessel area identified in any vessel location plan which accompanies this claim, with a separate row being completed for each hazardous substance in that vessel area.

(b) Only complete columns 1 and 2 in respect of a vessel area in which the substance was present in a vessel at below ambient temperature at any time during the establishment period.

(c) Only complete columns 3 to 6 in respect of a vessel area in which the substance was present in a vessel at ambient temperature at any time during the establishment period.

(d) Only complete columns 7 to 11 in respect of a vessel area in which the substance was present in a vessel at above ambient temperature at any time during the establishment period.

(e) Column 1 Enter the capacity (in cubic metres) of the largest capacity vessel in which the substance was present in the relevant vessel area at below ambient temperature at any time during the establishment period.

(f) Column 2 Only complete if the substance was present in a vessel at above atmospheric pressure at below ambient temperature in the relevant vessel area at any time during the establishment period.

To complete, enter the highest vessel design pressure of any vessel in which the substance was present.

(g) Column 3 Only complete if the substance was present at ambient temperature in a vessel which was buried or mounded in the relevant vessel area at any time during the establishment period.

To complete, enter the capacity (in cubic metres) of the largest capacity buried or mounded vessel in which the substance was present.

(h) Column 4 Only complete if the substance was present at above atmospheric pressure at ambient temperature in a vessel which was buried or mounded in the relevant vessel area at any time during the establishment period.

To complete, enter the highest vessel design operating pressure of any buried or mounded vessel in which the substance was present.

(i) Column 5 Only complete if the substance was present at ambient temperature in a non-buried or non-mounded vessel in the relevant vessel area at any time during the establishment period.

To complete, enter the capacity (in cubic metres) of the largest capacity non-buried or non-mounded vessel in which the substance was present.

(j) Column 6 Only complete if the substance was present at above atmospheric pressure at ambient temperature in a non-buried or non-mounded vessel in the relevant vessel area at any time during the establishment period.

To complete, enter the highest vessel design operating pressure of any non-buried or non-mounded vessel in which the substance was present.

(k) Column 7 Only complete if the substance was present in a vessel at above ambient temperature at or below its boiling point at 1 bar absolute in the relevant vessel area at any time during the establishment period.

To complete, enter the capacity (in cubic metres) of the largest capacity vessel in which the substance was present.

(la) Column 8 Only complete if the substance was present at above atmospheric pressure at above ambient temperature at or below its boiling point at 1 bar absolute in a vessel in the relevant vessel area at any time during the establishment period.

To complete, enter the highest vessel design operating pressure of any vessel in which the substance was present.

(m) Column 9 Enter the highest design operating temperature (in centigrade) of any vessel in which the substance was present at above ambient temperature in the relevant vessel area at any time during the establishment period.

(n) Column 10 Only complete if the substance was present in a vessel at above its boiling point at 1 bar absolute in the relevant vessel area at any time during the establishment period.

To complete, enter the capacity (in cubic metres) of the largest capacity vessel in which the substance was present.

(o) Column 11 Only complete if the substance was present at above atmospheric pressure above its boiling point at 1 bar absolute in a vessel in the relevant vessel area at any time during the establishment period.

To complete, enter the highest vessel design operating pressure of any vessel in which the substance was present.

Part 5
I/We hereby claim hazardous substances consent in accordance with the information provided(a).

. . . . . . . . . . . . . . . . . . . .

Note to Part 5
(a) The Department is required to notify you within 2 weeks from receipt of the claim if, in its opinion, the claim is invalid and to give its reasons for that opinion. If the claim is valid the Department shall be deemed to have granted the hazardous substances consent claimed, subject to the conditions set out in Schedule 2 to the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 as applied or amended by the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000.".

SCHEDULE 2Regulation 3(9)

" SCHEDULE 3

Regulations 3(1) and (3)

Hazardous Substances and Controlled Quantities

Part A
Named Substances

Column 1	Column 2	Column 3
Hazardous Substances	Controlled Quantity (Q) in tonnes	Quantity for the purposes of Note 4 to the notes to Parts A and B (Q)*
1. Ammonium nitrate to which Note 1 of the notes to Part A applies	350.00	—
2. Ammonium nitrate to which Note 2 of the notes to Part A applies	1000.00	1250.00
3. Arsenic pentoxide, arsenic (V) acid and/or salts	1.00	—
4. Arsenic trioxide, arsenious (III) acid and/or salts	0.10	—
5. Bromine	20.00	—
6. Chlorine	10.00	—
7. Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide)	1.00	—
8. Ethyleneimine	10.00	—
9. Fluorine	10.00	—
10. Formaldehyde (concentration ≥ 90% )	5.00	—
11. Hydrogen	2.00	5.00
12. Hydrogen chloride (liquefied gas)	25.00	—
13. Lead alkyls	5.00	—
14. commercial propane and commercial butane, and any mixture thereof, when held at a pressure greater than 1.4 bar absolute	Liquefied petroleum gas, including 25.00	50.00
15. excluding pressurised LPG (entry no. 14)	Liquefied extremely flammable gases 50.00	—
16. Natural Gas	15.00	50.00
17. Acetylene	5.00	—
18. Ethylene oxide	5.00	—
19. Propylene oxide	5.00	—
20. Methanol	500.00	—
21. and/or salts, in powder form	4, 4-Methylenebis (2-chloraniline) 0.01	—
22. Methylisocyanate	0.15	—
23. Oxygen	200.00	—
24. Toluene diisocyanate	10.00	—
25. Carbonyl dichloride (phosgene)	0.30	—
26. Arsenic trihydride (arsine)	0.20	—
27. Phosphorus trihydride (phosphine)	0.20	—
28. Sulphur dichloride	1.00	—
29. trioxide dissolved in sulphuric acid to form Oleum)	Sulphur trioxide (including sulphur 15.00	—
30. polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent (see Note 3 to the notes to Part A)	Polychlorodibenzofurans and 0.001	—
31. 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; 4-Nitrodiphenyl	The following carcinogens— 0.001	—
32. Automotive petrol and other petroleum spirits	5000.00	—
33. Acrylonitrile	20.00	50.00
34. Carbon disulphide	20.00	50.00
35. Hydrogen selenide	1.00	50.00
36. Nickel tetracarbonyl	1.00	5.00
37. Oxygen difluoride	1.00	5.00
38. Pentaborane	1.00	5.00
39. Selenium hexafluoride	1.00	50.00
40. Stibine (Antimony hydride)	1.00	5.00
41. Sulphur dioxide	20.00	50.00
42. Tellurium hexafluoride	1.00	5.00
43. butane (>70% )	2, 2-Bis(tert-butylperoxy) 5.00	50.00
44. (>80% )	1, 1-Bis(tert-butylperoxy) cyclohexane 5.00	50.00
45. tert-Butyl peroxyacetate (>70% )	5.00	50.00
46. tert-Butyl peroxyisobutyrate (>80% )	5.00	50.00
47. tert-Butyl peroxyisopropylcarbonate (>80% )	5.00	50.00
48. tert-Butyl peroxymaleate (>80% )	5.00	50.00
49. tert-Butyl peroxypivalate (>77% )	5.00	50.00
50. Cellulose Nitrate other than— (1) Cellulose nitrate to which the Explosives Act 1875[11] applies; or (2) Cellulose nitrate where the nitrogen content of the cellulose nitrate does not exceed 12.3% by weight and contains not more than 55 parts of cellulose nitrate per 100 parts by weight of solution	50.00	—
51. Dibenzyl peroxydicarbonate (>90% )	5.00	50.00
52. Diethyl peroxydicarbonate (>30% )	5.00	50.00
53. 2, 2-Dihydroperoxypropane (>30% )	5.00	50.00
54. Di-isobutyryl peroxide (>50% )	5.00	50.00
55. Di-n-propyl peroxydicarbonate (>80% )	5.00	50.00
56. Di-sec-butyl peroxydicarbonate (>80% )	5.00	50.00
57. 1, 2, 4, 5-tetroxacyclononane (>75% )	3, 3, 6, 6, 9, 9-Hexamethyl-5.00	50.00
58. Methyl ethyl ketone peroxide (>60% )	5.00	50.00
59. Methyl isobutyl ketone peroxide (>60% )	5.00	50.00
60. Peracetic acid (>60% )	5.00	50.00
61. Sodium chlorate	25.00	50.00
62. covered by entry 16) which is flammable in air, when held as a gas	Gas or any mixture of gases (not 15.00	—
63. substances which is flammable in air when held above its boiling point (measured at 1 bar absolute) as a liquid or as a mixture of liquid and gas at a pressure of more than 1.4 bar absolute (see Note 4 to the notes to Part A)	A substance or any mixture of 25.00	—

Notes to Part A

1. Ammonium Nitrate
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
This applies to simple ammonium nitrate based fertilisers which conform with the requirements of the Fertilisers Regulations (Northern Ireland) 1992[

Polychlorodibenzofurans and polychlorodibenzodioxins

International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS[13])

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, 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

Entry Number 63

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 (Northern Ireland) 1991[14])	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 Area Regulations (Northern Ireland) 1991)	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 in 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

(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:

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

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 Articles 53(1), 59(2)(a), 61(2)(a) and paragraph 4(7) of Schedule 4 (as applied by the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000) of the 1991 Order and of Article 76 (enforcement notice to have effect against subsequent development) of the 1991 Order as modified by regulation 19(1) and Part 2 Schedule 4 of the Hazardous Substances Regulations.

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

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.