SEVESO III Implementation (Britain)

Consultation has begun on The Control of Major Accident Hazards Regulations 2015. The document is here.

Please note these 2015 Regulations (when enacted) will not implement:

(A) the land use planning (development control adjacent to major hazard sites) aspects – these will need to be implemented via the Planning (Hazardous Substances) Regulations issued separately for the three devolved jurisdictions.

(B) the Directive Article 30 Heavy Fuel Oils clarification – this is already included in the existing COMAH regulations 1999 and associated Planning (Hazardous Substances) Regulations.

(C) the SEVESO III regime in Northern Ireland – separate Regulations will be required for this. Northern Ireland information is found here.

The key areas of change are:

– Scope – due to the move from the classification system ‘Chemicals (Hazard Information and Packaging for Supply)’ (CHIP) to the new classification system ‘Classification, Labelling and Packaging’ (CLP).

– Public Information – all COMAH sites to make certain information about their sites and hazards permanently and electronically available to the public.

Other areas of change relate to safety reports, notifications, emergency plans, some changes in definition of key terms (eg presence of dangerous substances) and broader duties in relation to domino effects, particularly sharing information with neighbouring sites.

Consultation ends on 27th June 2014.

Subscribers to our paid-for Cardinal Tailored EHS Legislation Registers will have their websystems updated when the new legislation is enacted. In addition, users will be Email Alerted.

Heavy Fuel Oil Clarification – SEVESO III (UK) – Query

The Heavy Fuel Oil (Amendment) Regulations 2014 (SI 162) entered into force on 20th Feb 2014 – applicable Britain (COMAH) and England (Hazardous Substance Consents)

These Regulations implement Article 30 of the European SEVESO III Directive. Article 30 deals with uncertainty in relation to the classification of heavy fuel oils by adding heavy fuel oils to the table in Part 2 of Annex 1 to the SEVESO II Directive (European Directive 96/82 as amended) under the heading Petroleum Products with qualifying quantities of 2,500 tonnes for column 2 and 25,000 tonnes for column 3. This removes the uncertainty that existed as regards the appropriate qualifying quantities for heavy fuel oils for the purposes of implementing Seveso II.

The Control of Major Accident Hazards Regulations 1999 (as amended) are amended by adding heavy fuel oils to the list of named substances in Part 2 of Schedule 1 to the already amended 1999 Regulations. The effect of this is that an establishment where heavy fuel oils are present in a quantity equal to, or exceeding the qualifying quantity in column 2 (2,500 tonnes) becomes subject to the 1999 Regulations and an establishment where heavy fuel oils are present in a quantity equal to, or exceeding the quantity in column 3 (25,000 tonnes) becomes subject to additional requirements as set out in regulation 3(1) of the 1999 Regulations.

The Planning (Hazardous Substances) Regulations 1992 (as amended) are similarly amended with the addition of heavy fuel oils to the list of named substances in Part A of Schedule 1 to the 1992 Regulations. The effect of this is that an establishment where heavy fuel oils are present in a quantity equal to, or exceeding the controlled quantity (2,500 tonnes) becomes subject to the 1992 Regulations.

NB: existing hazardous substances consents and other specified matters are not affected by the amendment.

Subscribers to our Cardinal Environment paid-for EHS Legislation Registers already have SEVESO III loaded where relevant. These amendments will be consolidated into the Cardinal consolidated COMAH and Planning Hazardous Substances Regulations shortly. Attention will be drawn to this clarification in Annual Reviews.

Please note: to date this SEVESO III clarification is added to the British COMAH Regulations, and the English Planning Hazardous Substances Regulations only.