The Control of Industrial Major Accident Hazards (Amendment) Regulations 1988

Regulation 3

SCHEDULE 1 AMENDMENTS

PART I amendments to schedule 2 to the principal regulations

1.  In Column 1, after the words “Ammonium nitrate” insert “(a)”, and opposite thereto in Columns 2 and 3 for “500*” and “5,000*” substitute “350” and “2,500” respectively.

2.  In Column 1, after the entry for “Ammonium nitrate”, insert the entry “Ammonium nitrate in the form of fertilizers (b)”, and opposite thereto in Columns 2 and 3 insert “1,250” and “10,000” respectively.

3.  In Column 3, opposite the entry for “Chlorine” in Column 1, for “200” substitute “75”. 4. In Column 3, opposite the entries for “Liquid oxygen” and “Sodium chlorate” inColumn 1, delete each asterisk.

5.  In Column 1, after the entry for “Sulphur dioxide”, insert the entry “Sulphur trioxide”, and opposite thereto in Columns 2 and 3 insert “15” and “100” respectively.

6.  For the asterisked footnote below the table substitute the following footnotes—

“(a) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > 28% by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > 90% by weight.

(b) This applies to straight ammonium nitrate fertilizers which comply with Council Directive 80/876/EEC “on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content”((1)) and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).”

PART II amendments to schedule 3 to the principal regulations

7.  In Column 1 Group 1 for the entry “Cobalt (powders, compounds)” substitute “Cobalt metal, oxides, carbonates, sulphides, as powders”, and opposite thereto in Column 2 for “100 kilograms” substitute “1 tonne”.

8.  In Column 2, opposite the entry for “Methyl isocyanate” in Column 1 Group 1, for “1 tonne” substitute “150 kilograms”.

9.  In Column 1 Group 1 for the entry “Nickel (powders, compounds)” substitute “Nickel metal, oxides, carbonates, sulphides, as powders”, and opposite thereto in Column 2 for “100 kilograms” substitute “1 tonne”.

10.  In Column 1 Group 1, after the entry for “Phosacetim”, insert the entry “Phosgene (Carbonyl chloride)”, and opposite thereto in Columns 2, 3 and 4 insert “750 kilograms”, “75—44—5” and “006—002—00—8” respectively.

11.  In Column 2, opposite the entry for “Chlorine” in Column 1 Group 2, for “50 tonnes” substitute “25 tonnes”.

12.  In Column 1 Group 2 delete the entry for “Phosgene (Carbonyl chloride)” and delete the entries opposite thereto in Columns 2, 3 and 4.

13.  In Column 2, opposite the entry for “ Sulphur dioxide” in Column 1 Group 2, for “1,000 tonnes” substitute “250 tonnes”.

14.  In Column 1 Group 2, after the entry for “Sulphur dioxide”, insert the entry “Sulphur trioxide”, and opposite thereto in Columns 2 and 3 insert “75 tonnes” and “7446—11—9” respectively.

15.  In Column 1 Group 3 for the asterisk next to the entry for “Ammonium nitrate” substitute “(a)”, and opposite that entry in Column 2 for “5,000 tonnes” substitute “2,500 tonnes”.

16.  In Column 1 Group 3, after the entry for “Ammonium nitrate” insert the entry “Ammonium nitrate in the form of fertilizers (b)”, and opposite thereto in Column 2 insert “5,000 tonnes”.

17.  In Column 1 Group 3, after the entry for “Hydrogen” insert the entry “Liquid oxygen” andopposite thereto in Columns 2, 3 and 4 insert “2,000 tonnes”, “7782—44—7” and “008—001—00—8” respectively.

18.  In Column 1 Group 3 delete the asterisk next to the entry for “Sodium chlorate”, and for the asterisked footnote below the table substitute the following footnotes—

“(a) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > 90% by weight.

(b) This applies to straight ammonium nitrate fertilizers which comply with Council Directive 80/876/EEC “on the approximation of the laws of the Member States relating to straight ammonium nitrate fertilizers of high nitrogen content” and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).”

PART III amendments to schedule 4 to the principal regulations

19.  In paragraph 1(a) for the first “or” substitute a comma, after “processing” insert “or treatment”, for “in particular” substitute “amongst others”, and at the end of the sub-paragraph delete the full stop.

20.  In paragraph 1(b) delete the words “Installations” to “in particular:”, add the rest of the sub-paragraph to paragraph 1(a), and delete the references to “(a)” and “(b)” so as to produce one whole paragraph.

21.  In paragraph 4 for the word “or” substitute a comma, and after “processing” insert “or treatment”.

Regulation 4

SCHEDULE 2 MODIFICATIONS TO PRINCIPAL REGULATIONS IN THEIR APPLICATION TO ADDITIONAL INDUSTRIAL ACTIVITIES

1.  In regulations 6(2), 7(2), and 10(3), references to the coming into operation of the principal Regulations shall be construed as references to the coming into force of these regulations.

2.  In regulation 7(2) the words “or within such longer time as the Executive may agree in writing” shall not apply.

3.  In each regulation or Schedule specified in Column 1 below, the date specified opposite thereto in Column 3 shall apply in substitution for the date referred to in that regulation or Schedule and specified in the corresponding entry in Column 2.

Column 1	Column 2	Column 3
Regulation or Schedule	Existing Date	Modified Date
Regulation 7(3)	8th July 1989	24th March 1992
Regulation 7(3)	1st April 1985	24th March 1989
Regulation 10(3)(b)	1st April 1985	21st December 1988
Regulation 11(3)	1st October 1985	21st June 1989
Regulation 12(3)	1st January 1986	21st September 1989
Schedule 7 paragraph 4	7th January 1985	20th September 1988

(1)

OJ No. L250, 23.9.80, p.7.