Control of Major Accident Hazards Regulations (Northern Ireland) 2000

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

SCHEDULE 1 Dangerous substances to which the Regulations apply

(This Schedule sets out the provisions of Annex 1 to the Directive.)

Part I 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 III, Note 1, unless a percentage composition or other description is specifically given.

3.  The qualifying quantities set out in Parts II and III 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 III, Note 4 governing the addition of dangerous substances, or categories of dangerous substances, shall apply where appropriate.

Part II Named Substances

Where a substance or group of substances listed in this Part also falls within a category of Part III, 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 to this Part)	350	2,500
Ammonium nitrate (as described in Note 2 to 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 its salts, Bis(chloromethyl) ether, Chloromethyl methyl ether, Dimethylcarbamoyl chloride, Dimethylnitrosomine, Hexamethylphosphoric triamide, 2-Naphthylamine and/or its salts, 1,3 Propanesultone and 4-nitrodiphenyl	0·001	0·001
Automotive petrol and other petroleum spirits	5,000	50,000

NOTES

Ammonium nitrate (350/2500)

1.  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.

Ammonium nitrate (1250/5000)

2.  This applies to simple ammonium-nitrate based fertislisers which conform with the requirements of the Fertilisers Regulations (Northern Ireland) 1992(1) 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).

Polychlorodibenzofurans and polychlorodibenzodioxins

3.  The quantities of polychlorodibenzofurans and polychlorodibenzo-dioxins 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 III Categories of Substances and Preparations Not Specifically Named in Part II

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.  substance or preparation falls within the definition given in Note 3(b)(i))	HIGHLY FLAMMABLE (where the 50	200
7b.  substance or preparation falls within the definition given in Note 3(b)(ii))	Highly Flammable liquids (where the 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 aquatice organisms’; and R53: ‘May cause long-term adverse effects in the aquatic environment’	500	2,000
10.  ANY CLASSIFICATION not covered by those given 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 (Northern Ireland) 1995(2) 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(3), 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 R2).

(ii) a pyrotechnic substance being 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 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 R10), supporting combustion;

(b) highly flammable liquids—

• 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),

(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 II, 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 + q5 / Q + ...>1

where

• q_x = the quantity of dangerous substances x (or category of dangerous substances) falling within Parts II or III,

• Q = the relevant threshold quantity from Parts II or III,

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 II at quantities less than their individual qualifying quantity present with substances having the same classification from Part III, and the addition of substances and preparations with the same classification from Part III;

(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.

(1)

S.R. 1992 No. 187 as amended by S.R. 1995 No. 49

(2)

S.R. 1995 No. 60; the relevant amending Regulations are S.R. 1997 No. 398

(3)

1985 c. 48