S.I. No. 209/2015 - Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015.

0. 5

2

1. An explosion or fire involving a dangerous substance occurring in an establishment which resulted in the stoppage of any part of the establishment or suspension of normal work in that establishment for more than 24 hours.

2. The uncontrolled or accidental release or the escape of any dangerous substance from any apparatus, equipment, pipework, pipe-line, process plant, storage vessel, tank or tanker, which, having regard to the nature of the substance and the extent and location of the release or escape, might have been liable to cause-

(

a

) serious injury consequences to human health;

(

b

) serious damage to the environment; or

(

c

) damage to property;

of the type described in Schedule 6.

The Minister for the Environment, Community and Local Government consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,

26 May 2015.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

The Minister for Justice and Equality consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice and Equality,

26 May 2015.

FRANCES FITZGERALD,

Minister for Justice and Equality.

The Minister for Transport, Tourism and Sport consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Transport, Tourism and Sport,

25 May 2015.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

The Minister for Health consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Health,

25 May 2015.

LEO VARADKAR,

Minister for Health.

GIVEN under my Official Seal,

27 May 2015.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations, which have been made under the Chemical Acts 2008 and 2010, is to transpose “Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC” (which is known for convenience as the SEVESO III Directive). They also make a number of consequential amendments necessitated by the transposition of Directive 2012/18/EU to the Chemical Acts 2008 and 2010, which are set out in Regulation 6.

The Regulations replace with effect from 1 June 2015-

(i) the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (

S.I. No. 74 of 2006

), and

(ii) the European Union (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2013 (

S.I. No. 571 of 2013

).

The latter Regulations have formally been repealed by a separate statutory instrument made under the

European Communities Act 1972

, as amended.

The purpose of these Regulations is to lay down rules for the prevention of major accidents involving dangerous substances, and to seek to limit as far as possible the consequences for human health and the environment of such accidents when they occur, with the overall objective of providing a high level of protection in a consistent and effective manner.

This is to be achieved through tiered controls on the operators of such establishments — the larger the quantities of dangerous substances present at an establishment, the more onerous are the duties imposed on the operator. The failure by operators to comply with their key obligations under these Regulations are criminal offences that may be prosecuted either summarily or on indictment.

The hazard categories of the dangerous substances in Schedule 1 reflects the classification, labelling and packaging of chemicals (‘CLP’) system introduced by Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures

1

, as well as some new additions to the named substances in Part 2 of Schedule 1. Furthermore, a mechanism has been introduced for the assessment of the major accident potential for a particular substance to determine whether it should be included or excluded from the scope of Directive 2012/18/EU and therefore from these Regulations.

1 OJ L 353, 31.12.2008, p. 1.

All operators who fall within the scope of these Regulations will be required to make a formal written notification to the Central Competent Authority and they will have the general duty to “take all necessary measures” to prevent major accidents and to limit the consequences of such accidents, should they occur.

A key aim of these Regulations is to improve the information provided to the public, including that provided by operators to the competent authorities, most notably to the Central Competent Authority, regarding their activities. The Health and Safety Authority, which is the Central Competent Authority for these Regulations, will ensure this information is permanently and electronically available to the public.

More particularly, these Regulations aim to ensure that the public potentially affected by a major accident will be informed of the appropriate action to take in a major accident situation as well as that which the local competent authorities will take, based on the public external emergency plans drawn up under these Regulations, which are to be tested at three year intervals.

These Regulations provide for a more integrated approach to planning decisions concerning such establishments and, in particular, for the provision of technical advice by the Health and Safety Authority to planning authorities, including, where appropriate, to An Bord Pleanála.

These Regulations require that the Central Competent Authority maintain an up-to-date inspection system that is both systematic and planned and appropriate to the different types of establishment covered by the Regulations.

1 OJ No. L 197, 24.7.2012, p. 1.

(1) More guidance on waiving of the test can be found in the A.14 method description: see Commission Regulation (EC) No. 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).

(2) OJ L 147, 9.6.1975, p. 40.

(3) 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

(4) 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

(5) OJ L 304, 21.11.2003, p. 1.

(6) 28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium nitrate.

1 OJ L 353, 31.12.2008, p. 1.

3. Immediate damage to the environment

(

a

) permanent or long-term damage to terrestrial habitats

(i)0.5 ha or more of a habitat of environmental or conservation importance protected by legislation;

(ii)10 or more hectares of more widespread habitat, including agricultural land;

(

b

) significant or long-term damage to freshwater and marine habitats

(i)10 km or more of river or canal;

(ii)1 ha or more of a lake or pond;

(iii)2 ha or more of delta;

(iv)2 ha or more of a coastline or open sea;

(

c

) significant damage to an aquifer or underground water

1 ha or more.

4. Damage to property

(

a

) damage to property in the establishment: at least EUR 2,000,000;

(

b

) damage to property outside the establishment: at least EUR 500,000.

5. Cross-border damage

Any major accident directly involving a dangerous substance giving rise to effects outside the territory of the Member State concerned.

II. Accidents or ‘near misses’ which Member States regard as being of particular technical interest for preventing major accidents and limiting their consequences and which do not meet the quantitative criteria above should be notified to the European Commission.

SCHEDULE 7

Regulation 20

CRITERIA FOR THE NOTIFIABLE INCIDENT REFERRED TO IN REGULATION 20

6. The date of the last site visit in accordance with Regulation 22(4) or reference to where that information can be accessed electronically; information on where more detailed information about the inspection and the related inspection plan can be obtained upon request, subject to the requirements of Regulation 26.

7. Details of where further relevant information can be obtained, subject to the requirements of Regulation 26.

PART 2

For upper-tier establishments, in addition to the information referred to in Part 1 of this Schedule

8. The hazard class Explosives includes explosive articles (see section 2.1 of Annex I to Regulation (EC) No. 1272/2008). If the quantity of the explosive substance or mixture contained in the article is known, that quantity shall be considered for the purposes of these Regulations. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of these Regulations, the whole article shall be treated as explosive.

9. Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (UN Manual of Tests and Criteria)

(1)

identifies the substance or mixture as potentially having explosive properties.

10. If Explosives of Division 1.4 are unpacked or repacked, they shall be assigned to the entry P1a, unless the hazard is shown to still correspond to Division 1.4, in accordance with Regulation (EC) No. 1272/2008.

11. 2. In order to use this entry, it must be documented that the aerosol dispenser does not contain Flammable Gas Category 1 or 2 nor Flammable Liquid Category 1.

12. According to paragraph 2.6.4.5 in Annex I to Regulation (EC) No. 1272/2008, liquids with a flash point of more than 35 °C need not be classified in Category 3 if negative results have been obtained in the sustained combustibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.

13. Ammonium nitrate (5, 000 / 10,000): fertilisers capable of self-sustaining decomposition

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers contain ammonium nitrate with phosphate and/or potash) which are capable of self-sustaining decomposition according to the UN Trough Test (see UN Manual of Tests and Criteria, Part III, subsection 38.2), and in which the nitrogen content as a result of ammonium nitrate is

— between 15.75 %

(3)

and 24.5 %

(4)

by weight, and either with not more than 0.4 % total combustible/organic materials or which fulfil the requirements of Annex III-2 to Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers

(5)

,

— 15.75 % by weight or less and unrestricted combustible materials.

14. Ammonium nitrate (1,250 / 5,000): fertiliser grade

This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers which fulfil the requirements of Annex III-2 to Regulation (EC) No. 2003/2003 and in which the nitrogen content as a result of ammonium nitrate is

— more than 24.5 % by weight, except for mixtures of straight ammonium nitrate-based fertilisers with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %,

— more than 15.75 % by weight for mixtures of ammonium nitrate and ammonium sulphate,

— more than 28 %

(6)

by weight for mixtures of straight ammonium nitrate-based fertilisers with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %.

15. Ammonium nitrate (350 / 2,500): technical grade

This applies to ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is

— between 24.5 % and 28 % by weight, and which contain not more than 0.4 % combustible substances,

— more than 28 % by weight, and which contain not more than 0.2 % combustible substances.

It also applies to aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80 % by weight.

16. Ammonium nitrate (10 / 50): ‘off-specs’ material and fertilisers not fulfilling the detonation test

This applies to

— material rejected during the manufacturing process and to ammonium nitrate and mixtures of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in Notes 14 and 15, that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 14 and 15,

— fertilisers referred to in first indent of Note 13, and Note 14 to this Schedule which do not fulfil the requirements of Annex III-2 to Regulation (EC) No. 2003/2003.

17. Potassium nitrate (5,000 / 10,000)

This applies to those composite potassium-nitrate based fertilisers (in prilled/granular form) which have the same hazardous properties as pure potassium nitrate.

18. Potassium nitrate (1,250 / 5,000)

This applies to those composite potassium-nitrate based fertilisers (in crystalline form) which have the same hazardous properties as pure potassium nitrate.

19. Upgraded biogas

For the purpose of the implementation of these Regulations, upgraded biogas may be classified under entry 18 of Part 2 of this Schedule where it has been processed in accordance with applicable standards for purified and upgraded biogas ensuring a quality equivalent to that of natural gas, including the content of Methane, and which has a maximum of 1 % Oxygen.

20. Polychlorodibenzofurans and polychlorodibenzodioxins

The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors

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

Reference — Van den Berg et al: The 2005 World Health Organisation Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds

21. In cases where this dangerous substance falls within category P5a Flammable liquids or P5b Flammable liquids, then for the purposes of these Regulations the lowest qualifying quantities shall apply.

SCHEDULE 2

Regulations 10 and 11

INFORMATION ON THE SAFETY MANAGEMENT SYSTEM AND THE ORGANISATION OF THE ESTABLISHMENT WITH A VIEW TO THE PREVENTION OF MAJOR ACCIDENTS REFERRED TO IN REGULATION 10 AND REGULATION 11

For the purpose of implementing the operator’s safety management system, account shall be taken of the following elements

(

a

) the safety management system shall be proportionate to the hazards, industrial activities and complexity of the organisation in the establishment and be based on assessment of the risks; it 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 MAPP;

(

b

) the following issues shall be addressed by the safety management system

(i) organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation, together with the measures taken to raise awareness of the need for continuous improvement. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and of subcontracted personnel working in the establishment which are important from the point of view of safety;

(ii) identification and evaluation of major hazards — adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operation including subcontracted activities where applicable and the assessment of their likelihood and severity;

(iii) operational control — adoption and implementation of procedures and instructions for safe operation, including maintenance, of plant, processes and equipment, and for alarm management and temporary stoppages; taking into account available information on best practices for monitoring and control, with a view to reducing the risk of system failure; management and control of the risks associated with ageing equipment installed in the establishment and corrosion; inventory of the establishment’s equipment, strategy and methodology for monitoring and control of the condition of the equipment; appropriate follow-up actions and any necessary counter-measures;

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

(v) planning for emergencies — adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis, to prepare, test and review emergency plans to respond to such emergencies and to provide specific training for the staff concerned. Such training shall be given to all personnel working in the establishment, including relevant subcontracted personnel;

(vi) monitoring performance — adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator’s MAPP and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance. The procedures shall 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. The procedures shall also include performance indicators such as safety performance indicators (SPIs) and/or other relevant indicators;

(vii) audit and review — adoption and implementation of procedures for periodic systematic assessment of the MAPP 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, including consideration and incorporation of necessary changes indicated by the audit and review.

SCHEDULE 3

Regulation 11

MINIMUM DATA AND INFORMATION TO BE CONSIDERED IN THE SAFETY REPORT REFERRED TO IN REGULATION 11

22. Methanol

67-56-1

500

5,000

23. 4, 4-Methylene bis (2-chloraniline) and/or salts, in powder form

101-14-4

24. Methylisocyanate

624-83-9

25. Oxygen

7782-44-7

200

2,000

26. 2,4 —Toluene diisocyanate 2,6 —Toluene diisocyanate

584-84-991-08-7

10

100

27. Carbonyl dichloride (phosgane)

75-44-5

28. Arisine (arsenic trihydride)

7784-42-1

29. Phosphine (phosphorus trihydride)

7803-51-2

30. Sulphur dichloride

10545-99-0

1

31. Sulphur trioxide

7446-11-9

15

75

32. Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent (see note 20)

—

33. The following CARCINOGENS or the mixtures containing the following carcinogens at concentrations above 5 % by weight: 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone

—

34. Petroleum products and alternative fuels (a) gasolines and naphthas, (b) kerosenes (including jet fuels), (c) gas oils (including diesel fuels, home heating oils and gas oil blending streams) (d) heavy fuel oils (e) alternative fuels serving the same purposes and with similar properties as regards flammability and environmental hazards as the products referred to in points (a) to (d)

—

2,500

25,000

35. Anhydrous Ammonia

7664-41-7

50

200

36. Boron trifluoride

7637-07-2

5

20

37. Hydrogen sulphide

7783-06-4

5

20

38. Piperidine

110-89-4

50

200

39. Bis(2-dimethylaminoethyl) (methyl) amin

3030-47-5

50

200

40. 3-(2-Ethylhexyloxy) propylamin

5397-31-9

50

200

41. Mixtures (*) of sodium hypochlorite classified as Aquatic Acute Category 1 [H400] containing less than 5 % active chlorine and not classified under any of the other hazard categories in Part 1 of Schedule 1.(*) Provided that the mixture in the absence of sodium hypochlorite would not be classified as Aquatic Acute Category 1 [H400].

200

500

42. Propylamine (see note 21)

107-10-8

50

2,000

43. Tert-butyl acrylate (see note 21)

1663-39-4

20

500

44. 2-Methyl-3-butenenitrile (see note 21)

16529-56-9

50

2,000

45. Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione (Dazomet) (see note 21)

533-74-4

100

200

46. Methyl acrylate (see note 21)

96-33-3

500

2,000

47. 3-Methylpyridine (see note 21)

108-99-6

500

2,000

48. 1-Bromo-3-chloropropane (see note 21)

109-70-6

500

2,000

(1) The CAS number is shown only for indication

NOTES TO SCHEDULE 1