THE PLANNING (CONTROL OF MAJOR ACCIDENT HAZARDS) REGULATIONS 2005: CONSULTATION PAPER

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INTRODUCTION

Consultation document by the Scottish Executive on proposals for the Planning (Control of Major Accident Hazards) Regulations 2005 to give effect in Scotland to changes to the land use planning requirements of Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances (the Seveso II Directive), as amended by Directive 2003/105/EC.

BACKGROUND TO THE PROPOSALS

1.1. Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances (the Seveso II Directive) introduced a requirement on Member States to ensure that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in their land use planning policies. It required these objectives to be pursued through controls on

  • the siting of new establishments;

  • modifications to existing establishments; and,

  • new developments in the vicinity of existing establishments where the siting or developments are such as to increase the risk or consequences of a major accident.

1.2 It further required that land-use policies take account of the need in the long term to maintain appropriate separation distances between establishments covered by the Directive and residential areas, areas of public use and areas of particular natural sensitivity or interest, and, in the case of existing establishments, of the need for additional technical measures so as not to increase the risks to people.

1.3 Establishments within the scope of the Directive are those where specified dangerous substances and preparations are present at or above specified quantities. These are specified in Annex I to the Directive, a copy of which may be accessed at

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31996L0082&model=guichett

1.4 There were similarities between these substances and qualifying quantities and those for which hazardous substances consent was already required in Scotland, the granting of which triggers the establishment of a consultation zone that helps control future development within the vicinity of the site. It was decided therefore to align, so far as possible, the lists and give effect to the specific planning requirements of the Directive through amending the hazardous substances consent procedures. In effect, if an establishment is one that falls within scope of the Seveso II Directive, then it also needs to obtain hazardous substances consent for the dangerous substances present there.

1.5 In Scotland, the land use planning requirements of the Directive are given legal effect by way of the following Town and Country Planning legislation and regulation;

  • The Planning (Hazardous Substances) (Scotland) Act 1997 c10;

  • The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 ( SI 1993 No 323) 2;

  • The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2000 ( SSI 2000 No 179);

  • The Town and Country Planning (General Development Procedure) (Scotland) Order 1992 ( SI 1992 No 224);

  • The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 ( SI 1983 No 1590);

Amendment of Council Directive 96/82/EC (the Seveso II Directive)

1.6 Directive 2003/105/EC amends the Seveso II Directive. The amendments are largely technical and scientific, designed to broaden the scope and improve the effectiveness of the Directive in preventing major accidents and limiting their consequences. However, the two key features are the revised classification and definition of some dangerous substances and preparations, and changes to qualifying quantities that determine whether an establishment falls within the scope of the Directive. These are included in a revised Annex I to the Directive.

1.7 Because of the link between these substances and qualifying quantities, and those for which hazardous substances consent is required in Scotland, the changes to the Directive necessitate amendment of the list of hazardous substances and controlled quantities listed in Schedule I of the Town and Country Planning (Hazardous Substances)(Scotland) Regulations 1993.

1.8 Other minor amendments are required to the Development Plan Regulations to reflect revised wording at Article 12 of the Seveso II Directive.

1.9 A copy of Directive 2003/105/EC may be accessed through the website at

http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_345/l_34520031231en00970105.pdf

Details of the consultation

1.10 Comments are invited on the proposed amendments and the attached draft regulations. We would also like to hear your thoughts on the accompanying Regulatory Impact Assessment, specifically:

  • is the cost/benefit analysis accurate;

  • do the benefits justify the costs;

  • will there be any small businesses affected by these changes; and

  • have any unintentional consequences or impacts been overlooked?

Responses should be sent to:

Marie Ferguson, Planning Division, The Scottish Executive,
2-H(Bridge), Victoria Quay, Edinburgh, EH6 6QQ
Telephone: 0131 244 1476
Fax : 01 31 244 7083

by 23 November 2005

1.11 Please note: Please ensure that when responding you also return the Respondent Information Form provided with this consultation. Should you wish to reply by e-mail please send your response and respondent information form to:

Comahconsultation@scotland.gsi.gov.uk

1.12 A summary of responses to this consultation will be published on the Scottish Executive website not later than 12 weeks after this date. Copies of this summary may be obtained after that date from Marie Ferguson at the address shown above.

1.13 This consultation is being conducted in accordance with the Executive's Code of Practice on Consultation.

1.14 Responsibility for town and country planning matters is devolved to Scotland. England, Wales and Northern Ireland will be preparing their own Regulations and are consulting separately on them. This consultation has been discussed with them and the approach they have taken is similar to the one outlined here.

SUMMARY OF PROPOSED CHANGES

Amendment to Schedule 1 of The Town and Country Planning (Hazardous Substances) Regulations 1993: Hazardous Substances and Controlled Quantities

Part A; Named Substances

Ammonium Nitrate

2.1 To reflect the changes to Annex I of the Seveso II Directive, two new classes of ammonium nitrate are being added, one for fertilisers capable of self -sustaining decomposition (qualifying quantity 5000 tonnes) and the other for off-specification or reject material (qualifying quantity 10 tonnes). The two existing classes of Ammonium Nitrate remain, though with reduced concentrations of nitrogen content. The notes to Part A of Schedule 1 have been amended to define the four categories of ammonium nitrate products for which hazardous substances consent is required.

2.2 Of particular significance is the class of Ammonium Nitrate to which Note 4 of Part A applies - 'Ammonium Nitrate off-specs material and fertilisers not fulfilling the detonation test'. We understand it is possible that AN fertiliser that complied with all technical specifications at the point of manufacture and/or delivery to an end-user, say a farmer, could subsequently become contaminated, for whatever reason, and go 'off specification'. Should this happen, the ammonium nitrate should normally be returned to the manufacturer or supplier for reprocessing or treatment to make it safe. It is not the intention that the Directive should apply to sites of end-users, e.g. farmers, where such 'off spec' material is temporarily present prior to it being removed for reprocessing etc. Accordingly there should be no requirement for farmers to have to obtain a hazardous substances consent for the presence of ammonium nitrate fertiliser unless they exceed the controlled quantity for any of the other three classes of this substance.

2.3 Businesses that hold ammonium nitrate at or above the specified qualifying quantities and do not currently have a hazardous substances consent or have not notified the Health and Safety Executive ( HSE) of the presence of dangerous substances under Regulation 6 of the Control of Major Accident Hazards Regulations 1999 ( SI 1999 No 743), may wish to consider whether the effect of the changes in specification is such that their establishment now requires notification to the HSE. HSE officials will be able to advise on the need to notify.

2.4 If notification is required, there will also be a need to obtain a hazardous substances consent. Application for consent should be made to the local hazardous substances authority (usually also the local planning authority). The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 specify the procedure and the relevant application forms.

Potassium Nitrate

2.5 Two classes of potassium nitrate-based fertiliser are added to the list of named substances with controlled quantities of 5000 tonnes (prilled or granular form) and 1250 tonnes (crystalline form). These changes should not require any action by businesses that hold quantities of these substances above these limits. Previously, for the purposes of the Seveso II Directive and hazardous substances consent, potassium nitrate-based fertiliser has been classified as an 'oxidising' substance which has a controlled quantity of 50 tonnes. Accordingly, any business that holds quantities of potassium nitrate-based fertiliser at or above these new thresholds should already possess a hazardous substances consent for this substance.

Carcinogenic substances

2.6 Seven new carcinogenic substances have been added to the list of named substances. These are

  • Benzotrichloride

  • 1,2 Dibromoethane

  • Diethyl sulphate

  • Dimethyl sulphate

  • 1,2 Dibromo-3-chloropropane

  • 1,2 Dimethylhydrazine

  • Hydrazine

2.7 The controlled quantity for these, and the other existing carcinogenic substances included as named substances, has been increased from 0.001 tonne to 0.500 tonne at concentrations above 5% by weight.

2.8 All of these substances were previously classified as either very toxic or toxic. So it is possible that operators at establishments where they are present may already have hazardous substances consent for them, e.g., where they were included within a consent application for substances of a generic category. If so, and if the carcinogen is either specifically listed in the application, or the quantity present is below the 0.500 tonne threshold, there should be no need to obtain a further consent.

2.9 Otherwise, operators are advised they should apply to the local hazardous substances authority for a consent that specifies the carcinogen and the quantity held.

Petroleum products

2.10 The previous entry for 'Automotive petrol and other petroleum spirits' (entry number 32 in the list of named substances) has been replaced with a new entry. The new entry reads

'Petroleum products

(a) gasolines and napthas

(b) kerosenes (including jet fuels),

(c) gas oils (including diesel fuels, home heating oils and gas oil blending streams)'

2.11 For hazardous substances consent purposes the controlled quantity for these substances has been reduced from 5000 tonnes to 2,500 tonnes.

2.12 Many of these substances will already fall within the scope of the Seveso II Directive, having been categorised as substances and preparations 'dangerous for the environment' at the conclusion in August 2001 of European Community negotiations reviewing and adapting classifications to scientific and technical progress 3. In the UK, the outcome of these negotiations was given effect from 30 July 2002 by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ( SI 2002 No 1689) - often referred to as CHIP 3 Regulations

2.13 Petroleum products classified as 'dangerous for the environment' and included in the Approved Supply List published as part of the CHIP 3 Regulations would, from 30 July 2002, have been required to obtain a hazardous substances consent in respect of quantities of substances present at an establishment at or above the controlled quantity for substances categorised as 'dangerous for the environment', i.e. 200 tonnes.

2.14 Businesses with petroleum products within this new category of named substances should therefore already have obtained a hazardous substances consent. Those that do not will wish to establish whether they now need to obtain consent and, if so, make application to the local hazardous substances authority to do so.

Part B: Categories of Substances and Preparations not Specifically Named in Part A

Explosive substances

2.15 The two explosive categories included at Part B remain and the controlled quantities remain unaltered. However, there are changes to the way in which these categories of substances are defined. The new definitions are aligned with the United Nations/ European Agreement concerning the International Carriage of Dangerous Goods by Road ( UN/ ADR). These are set out at note 2 of Notes to Part B

2.16 The principal responsibility for licensing establishments where explosive substances are present lies with the Health and Safety Executive ( HSE) under provisions of the Explosives Act 1875 4 (as amended). Sites licensed under these procedures do not require hazardous substances consent for their explosive substances.

2.17 It is likely that establishments where explosive substances within the UN/ ADR definitions are present at or above the controlled quantities will be licensed by the HSE rather than under the Hazardous Substances Regulations. However, operators will wish to satisfy themselves on this point. If there is any doubt HSE will be able to advise.

2.18 Where a site is not licensed by HSE under the Explosives Act 1875, operators will wish to consider whether they need to obtain a hazardous substances consent. This may be required where small amounts of explosive substances below the controlled quantities are present but when taken in aggregation with other categories of substances may bring the establishment within scope of the Directive and the consent procedures. In such cases, operators are advised to apply to the hazardous substances authority for a consent.

Substances dangerous for the environment

2.19 There is a change to the definition of the category of substances classified as dangerous for the environment, and there is a significant reduction to the controlled quantity that triggers the need for hazardous substances consent, as follows:

  • The category of substances and preparations previously classified as 'dangerous for the environment' in combination with risk phrases R50 (very toxic to aquatic organisms) is now to include the combination of risks R50/R53 (very toxic to aquatic organisms, may cause long term adverse effects in the aquatic environment). For these substances the controlled quantity that triggers the need for hazardous substances consent is reduced from 200 tonnes to 100 tonnes.

  • For substances that are toxic to aquatic organisms; may cause long term adverse effects in the aquatic environment (combination risk phrases R51/R53), the controlled quantity for consent purposes is reduced from 500 tonnes to 200 tonnes.

2.20 The Approved Supply List produced by HSE ( ISBN 0-7176-2368) should enable companies to establish whether substances and preparations they hold fall within either of the definitions within this category. If they have substances within these definitions at or above the controlled quantity, and do not already have a hazardous substances consent, they should apply for one to the local hazardous substances authority. Details of how to apply are included in the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 ( SI 1993 No 323).

Changes to the 'Aggregation Rule'

2.21 Where dangerous substances are present at an establishment below the controlled quantity it is necessary to apply an 'aggregation rule' to determine whether a consent is required. Substances with similar properties are added together as fractions of their qualifying quantity. Note 14 of the Notes to Parts A and B of Schedule 1 set out the detail.

2.22 This has been revised slightly to reflect a change in the categories of substances that are to be aggregated together. The new rule applies to aggregation of substances as follows:

the addition of substances and preparations named in Part A of schedule 1 and classified as very toxic or toxic, together with substances and preparation falling into categories 1 or 2 of Part B of schedule 1;

the addition of substances and preparations named in Part A of schedule 1 and classified as oxidising, flammable, highly flammable or extremely flammable, together with substances and preparation falling into categories 3,4,5,6,7,8 or 9 of Part B of schedule 1;

the addition of substances and preparations named in Part A of schedule 1 and classified as dangerous for the environment (R50 (including R50/53) or R51/53, together with substances and preparation falling into categories10(i) or 10(ii) of Part B of schedule 1.

Transitional arrangements: deemed consent

2.23 Transitional arrangements that allowed businesses to claim a deemed consent were provided when the hazardous substances regime was originally amended in 1993 to comply with European Directives and again in 2000 when changes were made by way of the Planning (Control of Major-Accident Hazards (Scotland) Regulations 2000 for using the consent procedure to give effect to the land use planning requirements of the Seveso II Directive. On those occasions the need to obtain consent was a new requirement that industry could not reasonably have anticipated and planned for.

2.24 However, since 2000 a clear and direct link has been established between substances that need hazardous substances consent and the dangerous substances and preparations that are listed in Annex I of the Seveso II Directive. These substances and preparations are subject to routine review, classification and/or reclassification by scientific and technical working groups comprised of European Commission and industry representatives in accordance with European legislation. And the Seveso II Directive links this classification procedure with the substances and preparations that fall within its scope.

2.25 In the UK we give effect to this classification procedure through the Chemicals (Hazard Information and Packaging for Supply) Regulations ( CHIP) made by the Health and Safety Executive. The likelihood of proposed changes is discussed with industry throughout the review procedure and the outcome of reclassification is widely disseminated to industry by the Health and Safety Executive.

2.26 Industry therefore should be aware that as substances are classified or reclassified, and as a result fall within scope of the Seveso II Directive, they will subsequently also become subject to the requirement of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993. Moreover, a substantial period of time - usually between 12 and 18 months - elapses before the agreed changes have to be introduced in Member States during which industry is able to apply for any additional hazardous consent that may be required because of reclassification.

2.27 Accordingly it is not our intention on this occasion to offer a transitional arrangement.

Changes to the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 ( SI 1983 No 1590)

2.28 Article 12 of the Seveso II Directive requires the objectives of preventing major accidents and limiting the consequences of such accidents to be taken into account in land-use planning policies.

2.29 The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983, as amended, required planning authorities, when adopting their development plans, to have regard to these objectives.

2.30 To reflect a change in the scope of article 12 of the Directive, an amendment is necessary to Regulations 7(3)(b) and 25(3)(b) of the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983. The revised wording with changes highlighted is:

'the need:

(i) in the long term to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest; and

(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risk to people. '

DRAFT REGULATIONS

SCOTTISH STATUTORY INSTRUMENTS

2005 No. ####

EUROPEAN COMMUNITIES

TOWN AND COUNTRY PLANNING

The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2005

Made - - - - #### 2005

Laid before the Scottish Parliament #### 2005

Coming into force - - #### 2005

The Scottish Ministers, in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972( 5) in relation to the prevention and limitation of the effects of accidents involving dangerous substances, by that section and by sections 3, 5(1), 9(2), 10A(2), and 39(1) of the Planning (Hazardous Substances) (Scotland) Act 1997( 6) and of all other powers enabling them in that behalf, hereby make the following Regulations:-

Citation, commencement, interpretation and application

1. -(1) These Regulations may be cited as the Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2005 and shall come into force on ##### 2005.

(2) In these Regulations "the Hazardous Substances Regulations" means the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993( 7).

(3) These Regulations extend to Scotland only.

Amendment of Development Plan Regulations

2. -(1) The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983( 8) shall be amended as follows.

(2) In regulation 2(3)(a) after the word "substances" insert "(as amended by Council Directive 2003/105/EC)".

(3) For regulation 7(3)(b) substitute-

"(d) the need:

(i) in the long term to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest; and

(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risk to people."

(4) For regulation 25(3)(b) substitute-

"(b) the need:

(i) in the long term to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest; and

(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risk to people."

Amendment to of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

3. - (1) The Hazardous Substances Regulations shall be amended as follows.

(2) In regulation 2(1) (interpretation) after the word "substances" in the definition of "the Directive", insert "(as amended by Council Directive 2003/105/EC)";

(3) In regulation 4(6) for the numbers "6,14, 35 and 39" substitute "10, 18, 39 and 43";

(4) For Schedule 1 (Hazardous Substances and Controlled Quantities) substitute the new Schedule 1 as set out in Schedule 1 to these Regulations.

St. Andrew's House
A member of the Scottish Executive

Edinburgh

#### 2005

SCHEDULE 1
Regulation 3

PART A

NAMED SUBSTANCES

Column 1

Column 2

Column 3

Hazardous Substances

Controlled quantity (Q) in tonnes

Quantity for purpose of note 4 to the notes to Parts A and B (Q*)

1. Ammonium nitrate to which Note 1 of notes to Part A applies

5 000

10 000

2. Ammonium nitrate to which Note 2 of notes to Part A applies

1000.00

1250

3. Ammonium nitrate to which Note 3 of notes to Part A applies

350

4. Ammonium nitrate to which Note 4 of notes to Part A applies

10

5. Potassium nitrate to which Note 5 of notes to Part A applies

5,000

6. Potassium nitrate to which Note 5 of notes to Part A applies

1,250

7. Arsenic pentoxide, arsenic (V) acid and/or salts

1.00

8. Arsenic trioxide, arsenious (III) acid and/or salts

0.10

9. Bromine

20.00

10.Chlorine

10.00

11. Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide)

1.00

12. Ethyleneimine

10.00

13. Fluorine

10.00

14. Formaldehyde (>=90%)

5.00

15. Hydrogen

2.00

5.00

16. Hydrogen Chloride (liquefied gas)

25.00

17. Lead alkyls

5.00

18. Liquefied petroleum gas, such as commercial propane and commercial butane, and any mixture thereof, when held at pressure greater that 1.4 bar absolute.

25.00

50.00

19. Liquefied extremely flammable gases excluding pressurised LPG (entry no.18)

50.00

20. Natural gas

15.00

50.00

21. Acetylene

5.00

22. Ethylene oxide

5.00

23. Propylene oxide

5.00

24. Methanol

500.00

25. 4,4-Methylenebis (2-Cholraniline) and/or salts, in powder form

0.01

26. Methylisocynate

0.15

27. Oxygen

200.00

28. Toluene diisocyanate

10.00

29. Carbonyl dichloride (phosgene)

0.30

30. Arsenic trihydride (arsine)

0.20

31. Phosphorus trihydride (phosphine)

0.20

32. Sulphur dichloride

1.00

33. Sulphur trioxide (including sulphur trioxide dissolved in sulphuric acid to form Oleum)

15.00

34. Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent

0.001

35. The following CARCINOGENS:- 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

0.5

36. Petroleum products

(a) gasolines and naphthas,

(b) kerosenes (including jet fuels),

(c) gas oils (including diesel fuels, home heating oils and gas oil blending streams)

2,500

37. Acrylonitrile

20.00

50.00

38. Carbon disulphide

20.00

50.00

39. Hydrogen selenide

1.00

50.00

40. Nickel tetracarbonyl

1.00

5.00

41. Oxygen difluoride

1.00

5.00

42. Pentaborane

1.00

5.00

43. Selenium hexafluoride

1.00

50.00

44. Stibine (antimony hydide)

1.00

5.00

45. Sulphur dioxide

20.00

50.00

46. Tellurium hexafluoride

1.00

5.00

47. 2,2-Bis(tert-butylperoxy) butane (>70%)

5.00

50.00

48. 1,1-Bis(tert- butylperoxy) cyclohexane (>80%)

5.00

50.00

49. tert-Butyl peroxyacetate (>70%)

5.00

50.00

50. tert-Butyl peroxyisobutyrate (>80%)

5.00

50.00

51. tert-Butyl peroxtisopropylcarbonate (>80%)

5.00

50.00

52. tert-Butyl peroxymaleate (>80%)

5.00

50.00

53. tert-Butyl peroxypivalate (>77%)

5.00

50.00

54. Cellulose Nitrate other than-

(1) cellulose nitrate for which a licence granted by the Health and Safety Executive ( HSE) under the Manufacture and Storage of Explosives Regulations 2005( 9) (where HSE is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations) is required; 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

55. Dibenzyl peroxydicarbonate (>90%)

5.00

50.00

56. Diethyl peroxydicarbonate (>30%)

5.00

50.00

57. 2,2 Dihydroperoxypropane (>30%)

5.00

50.00

58. Di-isobutyryl peroxide (>50%)

5.00

50.00

59. Di-n-propyl peroxydicarbonate (>80%)

5.00

50.00

60. Di-sec-butyl peroxydicarbonate (>80%)

5.00

50.00

61.3,3,6,6,9,9-Hexamethyl-1,2,4,5-tetroxacyclononane (>75%)

5.00

50.00

62. Methyl ethyl ketone peroxide (>60%)

5.00

50.00

63. Methyl isobutyl ketone peroxide (>60%)

5.00

50.00

64. Peracetic acid (>60%)

5.00

50.00

65. Sodium chlorate

25.00

50.00

66. Gas or any mixture of gases (not covered by entry 20) which is flammable in air, when held as a gas

15.00

67. A substance or any mixture of 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 8 to the Notes to Part A).

25.00

NOTES TO PART A

1. Ammonium nitrate: fertilisers capable of self-sustaining decomposition

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers containing ammonium nitrate with phosphate and/ or potash) in which the nitrogen content as a result of ammonium nitrate is

  • between 15.75 per cent( 10) and 24.5 per cent( 11) by weight, and either with not more than 0.4 per cent total combustible/organic materials or which satisfy the detonation resistance test described in Schedule 2 to the Ammonium Nitrate (High Nitrogen Content) Safety Regulations 2003( 12); or,

  • 15.75 per cent by weight or less and unrestricted combustible materials,

and which are capable of self-sustaining decomposition according to the UN Trough Test (see United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, Part III, sub-section 38.2).

2. Ammonium nitrate: fertiliser grade

This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is

  • more than 24.5 per cent by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 per cent; or

  • more than 15.75 per cent by weight for mixtures of ammonium nitrate and ammonium sulphate; or

  • more than 28 per cent( 13) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 per cent,

and which satisfy the detonation resistance test described in Schedule 2 to the Ammonium Nitrate (High Nitrogen Content) Safety Regulations 2003.

3. Ammonium nitrate: technical grade

This applies to

  • ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is

  • between 24.5 per cent and 28 per cent by weight, and which contain not more than 0.4 per cent combustible substances; or

  • more than 28 per cent by weight, and which contain not more than 0.2 per cent combustible substances,

  • aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80 per cent by weight.

4. Ammonium nitrate: "off-specs" material and fertilisers not fulfilling the detonation test

This applies to

  • material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in Notes 2 and 3, 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 2 and 3; and

  • fertilisers referred to in Note 1, first indent, and Note 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC.

5 Potassium nitrate composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form.

6 Potassium nitrate (1 250/5 000) composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form.

7. Polychlorodibenzofurans and polychlorodibenzodioxins

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

International Toxic Equivalent Factors ( ITEF) for the congeners of concern ( NATO/ CCMS)( 14)

2,3,7,8- TCDD

1

2,3,7,8- TCDF

0,1

1,2,3,7,8-Pe CDD

0,5

2,3,4,7,8-Pe CDF

0,5

1,2,3,7,8-Pe CDF

0,05

1,2,3,4,7,8-Hx CDD

0,1

1,2,3,6,7,8-Hx CDD

0,1

1,2,3,4,7,8-Hx CDF

0,1

1,2,3,7,8,9-Hx CDD

0,1

1,2,3,7,8,9-Hx CDF

0,1

1,2,3,6,7,8-Hx CDF

0,1

1,2,3,4,6,7,8-Hp CDD

0,01

2,3,4,6,7,8-Hx CDF

0,1

OCDD

0,001

1,2,3,4,6,7,8-Hp CDF

0,01

1,2,3,4,7,8,9-Hp CDF

0,01

OCDF

0,001

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

8. Entry number 67

The controlled quantity of 25 tonnes in column 2 of entry 67 refers in the case of a mixture of substances to the quantity of substances within that mixture held above their boiling point (measured at 1 bar absolute).

PART B

CATEGORIES OF SUBSTANCES AND PREPARATIONS NOT SPECIFICALLY NAMED IN PART A

Column 1
Categories of hazardous substances

Column 2 Controlled quantity (Q) in tonnes

1.

VERY TOXIC

5.00

2.

TOXIC

50.00

3.

OXIDIZING

50.00

4

EXPLOSIVE (see note 2) where the substance, preparation or article falls under UN/ ADR Division 1.4, excluding those for which a licence granted by the Health and Safety Executive under the Manufacture and Storage of Explosives Regulations 2005( 15) (where HSE is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations) is required or those licensed under the Dangerous Substances in Harbour Areas Regulations 1987( 16)

50.00

5

EXPLOSIVE (see note 2) where the substance, preparation or article falls under any of: UN/ ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3

10.00

6.

FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(a))

5000.00

7.

HIGHLY FLAMMABLE (where the substance or preparation falls within the definition given in Notes 3(b)(i) and (b)(ii) )

50.00

8.

HIGHLY FLAMMABLE liquids (where the substance or preparation falls within the definition given in Note 3(b)(iii))

5000.00

9.

EXTREMELY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(c))

10.00

10.

DANGEROUS FOR THE ENVIRONMENT risk phrases:
R50: "Very toxic to aquatic organisms" (including R50/53)

(i) R51/53: "Toxic to aquatic organisms; may cause long term adverse effects in the aquatic environment


100.00
200.00

11.

ANY CLASSIFICATION not covered by those given above in combination with risk phrases:

(i) R14: 'Reacts violently with water' (includingR14/15)

(ii) R29: 'in contact with water, liberates toxic gas'

100.00
50.00

NOTES TO PART B

4. Substances and preparations shall be classified for the purposes of this Schedule according to Regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002( 17) whether or not the substance or preparation is required to be classified for the purposed of those Regulations; or, in the case of a pesticide approved under the Food and Environment Protection Act 1985( 18) in accordance with the classification assigned to it by that approval.

5. An "explosive" means:

(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 substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R3); or,

(iii) a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road ( UN/ ADR), concluded on 30 September 1957, as amended, as transposed by Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road( 19).

(b) Included in this definition are pyrotechnics, which for the purposes of the Directive are defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.

6. Where a substance or preparation is classified by both UN/ ADR and risk phase R2 or R3, the UN/ ADR classification shall take precedence over assignment of risk phrases.

7. Substances and articles of Class 1 are classified in any of the divisions 1.1 to 1.6 in accordance with the UN/ ADR classification scheme. The divisions concerned are:

(a) Division 1.1: "Substances and articles which have a mass explosion hazard (a mass explosion is an explosion which affects almost the entire load virtually instantaneously)."

(b) Division 1.2: "Substances and articles which have a projection hazard but not a mass explosion hazard.".

(c) Division 1.3: "Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard:

(i) combustion of which gives rise to considerable radiant heat; or

(ii) which burn one after another, producing minor blast or projection effects or both.".

(d) Division 1.4: "Substances and articles which present only a slight risk in the event of ignition or initiation during carriage. The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire shall not cause virtually instantaneous explosion of virtually the entire contents of the package.".

(e) Division 1.5: "Very insensitive substances having a mass explosion hazard which are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of carriage. As a minimum requirement they shall not explode in the external fire test.".

(f) Division 1.6: "Extremely insensitive articles which do not have a mass explosion hazard. The articles contain only extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation or propagation. The risk is limited to the explosion of a single article.".

8. Included in this definition are also explosive or pyrotechnic substances or preparations contained in articles. In the case of articles containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained is known, that quantity shall be considered for the purposes of this Directive. If the quantity is not known, then, for the purposes of this Directive, the whole article shall be treated as explosive.".

9. 'Flammable', 'highly flammable', and 'extremely flammable' in categories 6, 7 8 or 9 mean:

(a) flammable liquids means substances and preparations having a flash point equal to or greater than 21 °C and less than or equal to 55°C (risk phrase R 10), supporting combustion;

(b) highly flammable liquids means

(i) 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 R 17); and

(ii) substances and preparations 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;"

(iii) substances and preparations having a flash point lower than 21 °C and which are not extremely flammable (risk phrase R 11, second indent);

(c) extremely flammable gases and liquids means

(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 R 12, first indent), and

(ii) gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second indent), which are in a gaseous or supercritical state, and

(iii) flammable and highly flammable liquid substances and preparations maintained at a temperature above their boiling point.

NOTES TO PART A AND B

10. 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.

11. In the case of substances and preparations with properties giving rise to more than one classification the lowest thresholds shall apply.

12. 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.

13. In the case of an establishment where no individual substance or preparation is present in a quantity above or equal to the relevant controlled quantity for that substance or preparation, the addition of hazardous substances to determine the controlled quantity shall be carried out according to the following rule:

If the sum-

q1/Q + q 2/Q + q 3/Q + q 4/Q + q 5/Q + . . . =1

(where qx = the quantity of hazardous substance x (or category of substance) present, 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 sections 4(2), 14(2)(c), 23(2)(a) and of section 11(5) (as applied by the Planning (Control of Major-Accident Hazards) Regulations 1999) of the Act and of section 181 (enforcement notice to have effect against subsequent development) of the principal Act as substituted by paragraph 8 of Schedule 4.

14. The additional rule in paragraph 4 will apply for the following circumstances:-

(a) for the addition of substances and preparations named in Part A and classified as toxic or very toxic, together with substances and preparations falling into categories 1 or 2 of Part B;

(b) for the addition of substances and preparations named in Part a and classified as oxidising, explosive, flammable, highly flammable, or extremely flammable, together with substances and preparations falling into categories 3, 4, 5, 6, 7, 8 or 9 of Part B;

(c) for the addition of substances and preparations named in Part 1 and classified as dangerous for the environment (R50 (including R50/53) or R51/53), together with substances and preparations falling into categories 10(i) or 10(ii).

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.

NOTES TO PART C

15. The expression "which it is believed may be generated during loss of control of an industrial chemical process" has the same meaning as in the Directive.

16. Where a substance falling within Part A or B also falls within Part C, the classification with the lowest controlled quantity shall apply, subject to note 3 to the notes to Part A and B.

PARTIAL REGULATORY IMPACT ASSESSMENT

1. Title of Proposal

Town and Country Planning, Scotland

The draft Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2005.

2. Purpose and Intended Effect of Measure

(i) The Objective

These regulations are to give effect in Scotland to land use planning requirements arising from Directive 2003/15/EC amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (the Seveso II Directive). The Directive requires to be transposed by 1 July 2005, however we appreciate we will not meet this deadline. It is therefore expected that the necessary regulations will come into force before the end of 2005.

(ii) The Background

Directive 96/82/EC (the Seveso II Directive) came into force in 1999. It aims to prevent major accidents and limit the consequences of such accidents for people and the environment. It applies to establishments where specified dangerous substances, or generic categories of dangerous substances, are present at or above qualifying quantities listed in the Directive.

The main obligations arising under the Directive relate to health and safety measures. These are implemented through Regulations prepared by the Health and Safety Executive ( HSE)

The Directive also requires Member States to ensure that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in their land use policies. It requires that these are pursued through controls on

  • the siting of new establishments;

  • modifications to existing establishments that could have significant repercussions on major-accident hazards; and,

  • new development in the vicinity of existing establishments where the siting or development are such as to increase the risk or consequence of a major accident.

Land use planning controls apply to all establishments that are within the scope of the Directive.

We have given effect to these requirements by way of amendment to planning legislation relating to hazardous substances consents, preparation of development plans and on consultation before the grant of planning permission. The effect is that sites that fall within scope of the Seveso II Directive have to obtain hazardous substances consent from the local planning authority. Once consent is issued, the HSE fixes a consultation zone around the site that serves to control future development within the vicinity of dangerous sites.

Directive 2003/15/EC made changes to the way in which some substances and preparations are classified or defined, and to some qualifying quantities that determine whether an establishment fall within scope of Seveso II. There were also some administrative changes. Both HSE and the Scottish Executive are amending their Regulations to give effect to these changes.

HSE has already consulted on draft regulations and prepared a Regulatory Impact Assessment 20. This details the costs arising from the application of the health and safety provisions of the Directive. The benefits derived - reduced likelihood of accidents and fewer casualties and lower costs to industry, the environment and society as a result of any that do occur - do however, take account of the contribution that land use planning makes by way of mitigating measures that will limit the consequences of any accident.

These proposed draft regulations amend the planning regulations to reflect changes to the Directive and ensure we continue to fulfil the land use planning requirements of the Seveso II Directive. The costs shown arise solely from application of the specific land use planning requirements of the Directive. It is not possible to distinguish the benefits of these measures from those generally derived from the other, complementary health and safety provisions and estimated in the HSE regulatory impact assessment.

The Directive applies throughout the United Kingdom. Planning is a devolved responsibility so these amendments will be transposed separately in England, Wales and Northern Ireland.

(iii) Rationale for Government Intervention

Accidents involving dangerous substances have the capacity to cause serious dangers to human health and the environment. Stringent safety measures applied at the plant can minimise, but never completely eliminate, the risk. And where such accidents happen there is no guarantee the hazard can be contained on site.

We have no information about accidents at the sites that will be brought into the scope of these new regulations against which we can meaningfully assess risk. But the incidents at Toulouse and Enschede with loss of life, significant damage to property and huge economic cost adequately demonstrate the off-site consequences that can arise in the event of a major accident.

3. Consultation

Representatives of other Government Departments with responsibilities for this legislation have been consulted on the draft regulations, as have the administrations of England, Wales and Northern Ireland.

This partial RIA will accompany a consultation document seeking the views of relevant businesses and interested parties. Responses from this will inform our final decision on how best to implement the planning requirements arising from Directive 2003/15/EC.

4. Options

Option 1: Do nothing

As outlined in the background above, measures are already in place that give effect to the land use planning requirements of the Seveso II Directive, principally through the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993. If we do nothing we will implement the Directive but not as fully as is now required.

Judgments of the European Court of Justice have consistently taken the view that European Community legislation has to be properly transposed into the legislation of Member States. Failure to do so can result in infraction proceedings by the European Commission, possibly resulting in fines for failure to transpose.

Option 2: Continue to give effect through the consent procedure

A clear link between the planning requirements of the Seveso II Directive and the consent procedures in the Hazardous Substances regulations has been established over the past 6 years. The list of substances and controlled quantities in the hazardous substances regulations has been aligned with the list of dangerous substances and preparations and their qualifying quantities specified in the Seveso II Directive. Amending the hazardous substances regulations to reflect the changes to the Seveso II Directive will involve minimum change and would ensure compliance, under land use planning regime, with the Directive.

Option 3: Change the way in which we comply with the planning requirements of the Directive

When, in 2000, we decided to give effect to the land use planning requirements of the Seveso II Directive by way of amendment of the Planning Hazardous Substances regulations, we considered an alternative approach. This involved amending the definition of 'development' in section 26 of the Town and Country Planning (Scotland) Act 1997 to provide for modifications that could have significant repercussions on major accident hazards but do not fall within the definition of development. Examples are increases in the amount or nature of hazardous substances stored; or a change in the location of a substance on site or the way in which it is stored.

We considered that such changes could significantly distort the accepted concept of development as consisting of something which changes the physical characteristics of the land or making a material change to the purpose for which land is used.

5. Business Sectors Affected

The Seveso II Directive applies only to sites where dangerous chemical substances and preparation are present. The sites affected by the amendments are operated by businesses in the chemical, petroleum, electricity and water supply sectors and those involved in manufacture and storage of explosives. These Regulations would affect all businesses who currently hold or propose to hold substances at or over the thresholds defined in the Directive.

6. Benefits

Option 1: Do Nothing

No economic, social or environmental benefits are derived from doing nothing.

Option 2: Continue to give effect through the consent procedure; and,

Option 3: Change the way in which we comply with the planning requirements of the Directive

Environmental and social benefits (for both options 2 and 3)

The benefits that arise are in providing members of the public with extra reassurance that adequate controls are being exercised over the use and storage of hazardous substances and preparations and the establishments where they are present; and that such controls are effective in maintaining public health and safety, and in protecting the environment. The controls complement other regulations that give effect to the requirements of the Seveso II Directive that are implemented by the Health and Safety Executive and the Scottish Environment Protection Agency. Land use planning controls cannot themselves prevent a major accident. But by ensuring that proposed development within the vicinity of dangerous establishments is authorised only after the public health and safety issues have been taken fully into account, they mitigate the consequences of any major accident minimising damage that may be caused to property or injury to persons or loss of life.

Economic benefits

It is difficult to quantify economic benefits directly attributable to regulations that give effect to the land use planning requirements of the Seveso II Directive. However, it is expected that these changes will reduce the off-site risks associated with dangerous substances and will reduce economic damage caused as a result of a major accident. An estimate of such costs at fairly recent major accidents is given below under option 1.

7. Costs

Option 1: Do nothing

The 'do nothing' option involves no costs to industry, business or charities. As above, if we do nothing it is likely that at some stage the European Commission would initiate infraction proceedings against the UK for failing to implement the land use planning requirements of the Seveso II Directive. Continued failure to implement the Directive could result in costs to the UK through fines imposed by the European Court of Justice.

Environment and Social Costs

It is difficult to estimate social or environmental costs of this option, which would only become apparent in the event of a major accident of the type that the Directive aims to prevent. The costs of fairly recent major accidents at Toulouse (2001) and Enschede (2000) have been estimated at _2,066 million and _170 million, respectively. These costs include reconstruction and lost production, but it's not clear how much is due to 'off-site' costs. But it is clear that major accidents can have substantial social and environmental costs.

Option 2: Continue to give effect through the consent procedure

Economic costs

It is estimated that as a result of the amendment to the Seveso II Directive 100 businesses throughout the UK will be brought within the scope of the planning hazardous substances consent procedure and will have to apply to the local planning authority for consent. The cost of an application is either £200 for a new consent , £400 if the quantity of substance for which consent is sought exceeds twice the controlled quantity and £200 in any other case. The cost to industry should therefore be in the region of £20,000 - £40,000 which we would expect to be a one off cost.

Environmental and social costs

We do not believe there are any social or environmental costs. To proceed with this option may help to reduce or negate those possible environmental and social costs identified above.

Option 3: Change the way in which we comply with the planning requirements of the Directive

Economic costs

This option would not involve initial costs to industry. But changes to the inventory of substances or amounts of materials present at a site might constitute a material change of use that requires a new planning application and appropriate fee. The current fee for change of use is £260. Companies with changing inventories and quantities of hazardous substances might have to make several applications each year.

Environmental and social costs

We do not believe there are any social or environmental costs. To proceed with this option may help to reduce or negate those possible environmental and social costs identified above.

8. Consultation with small business: the Small Firms' impact Test

Based on research 21 and discussions with industry bodies, the Health and Safety Executive has estimated that between 225 - 250 UK establishments will be affected by the changes to the Seveso II Directive. Of these, between 140 and 160 may come within scope of the Directive for the first time and, as a result, may be subject to planning controls required by the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993. The number of sites in relation to the category of dangerous substances is summarised in the table below. A breakdown of figures for Scotland is unavailable however we would welcome views from respondees as to the number of businesses that may be affected by the implementation of the Directive in Scotland.

Risk Category

Estimated number of sites

Carcinogens

31

Explosives

34

Petroleum products

28 - 39

Substances dangerous for the environment

26 - 32

Ammonium nitrate

22

Total

141-158

It is expected that sites brought within scope of the planning aspects of the Seveso II Directive will impact principally on larger/medium sized businesses, rather than small-scale ones. Similarly we do not expect Micro businesses to be impacted. We set out our reasoning as follows

Carcinogens

Seven new substances are included as named carcinogens. It is expected that the major impact will arise from the inclusion of hydrazine in the list of named substances. Hydrazine is used as a corrosion inhibitor in electricity generation and is not likely to impact on small businesses. Moreover, each of these carcinogens were previously classified as very toxic or toxic substances and sites where they were present may already have obtained a consent for these substances, ether because they were present at or above the specified quantity or if they were present in smaller amounts but with other dangerous substances with similar properties.

Explosives

The main regulator for explosive substances in the UK is the Health and Safety Executive, which regulates sites where they are present under the Explosives Act 1875, as amended. Sites where explosives are present and are licensed under these procedures are not subject to control under the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993. Where they are not so regulated, e.g. where the quantity of explosive substances is less than 7.2 tonnes, they are regulated by local authorities and may be subject to control under the hazardous substance regulations.

We have discussed with the Explosives Division of the Health and Safety and it is their view that all of the sites affected by the Seveso II amendments will fall within the ambit of their controls. Assuming this to be the case, these amendments to the planning regulations should not impact on businesses that manufacture or store explosives.

Petroleum products

The existing named substance "automotive petrol and other petroleum spirits" is being replaced with a new category 'petroleum products' which includes medium oil distillates (gasolines, naphtha, kerosene and gas oils). The qualifying threshold is reduced to 2500 tonnes. We cannot be certain but we consider it unlikely that small businesses will store quantities of petroleum products in such substantial amounts. However, we would welcome comments from consultees should this not be the case.

Substances dangerous for the environment

Information taken from a study by Det Norske Veritas for the (then) Department of the Environment Transport and the Regions to assess the number of sites where substances categorised as dangerous for the environment are present suggests that between 26 - 32 sites may be brought within the scope of the Directive and the planning hazardous substance consent procedure. Based on the study, it appears that these sites are operated by around 20 businesses. Our analysis of the companies likely to be affected suggests that none of them would be classed as a small business. Again, however, we would welcome confirmation from consultees that is the case.

Ammonium Nitrate

The amendment to the Directive introduces two new categories of Ammonium Nitrate to the Seveso II Directive. The Agriculture Industries Confederation ( AIC) considers it likely that only one of these categories - relating to reject Ammonium Nitrate - will have an impact in the UK. It is difficult to provide a firm estimate of the number of sites that might have reject grade ammonium nitrate, but a best estimate is 22 sites.

We have discussed with the AIC and while they do not rule it out altogether, they consider it unlikely that more than a very few small businesses will be affected by this change. We will liaise further with the AIC to try and contact those businesses potentially affected, and to assess any likely impacts.

Summary

It is our view that that the proposed changes will have limited impact on small businesses and virtually no impact on micro businesses. Nonetheless, we would welcome the views of consultees on this and on the assumptions made. If as a result of our consultation there should arise any, as yet, unidentified impacts or unintended consequences on small firms, we will conduct further work to fully assess the impacts and then review our position.

9. Competition Assessment

We do not consider that these proposals will have any impact on competition. We envisage that the companies affected by these Regulations are large enough to absorb any new costs. However we would welcome comments from those responding to this consultation who do not consider this would be the case.

10. Enforcement, sanctions and monitoring

The Planning (Hazardous Substances) (Scotland) Act 1997 and the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 have existing provisions for enforcement and sanctions against any breach in planning control. Failure to comply may result in the issuing of contravention notices by the planning authority and if found guilty under section 21 of the Planning (Hazardous Substances) (Scotland) Act 1997 subject to a fine.

The Health and Safety Executive is a statutory consultee for all applications made for hazardous substance consent. HSE collates information on the number of consents, substance and quantities. We will be reviewing with the HSE on an ongoing basis to ensure the consent procedure continues to provide a balance between the need to provide the public with reassurance on health and safety issues and the need to minimise burdens on industry. We will also, in accord with Scottish Executive policy, review this legislation within 10 years of it coming into force.

The Seveso II Directive also requires Member States to provide the European Commission every 3 years with a report on a range of information relating to the implementation of the Directive.