Regulations on measures to prevent and limit the consequences of major accidents in activities involving hazardous chemicals (the Major Accident Regulations)


Date FOR 2016-06-03-569


Affairs Ministry of Justice


Published in 2016 Booklet 7


Effective 07/01/2016, 06/01/2017

Edited


Changes
FOR 2005-06-17-672

For
Norway

Legal

LOV-2002-06-14-20-§43, LOV-2010-06-25-45-§23, LOV-1976-06-11-79-§15, LAW-2005-06-17- 62-3-1, LOV-2005-06-17-62-Section 4-5, LAW-1981-03-13-6-§9

Promulgated
06.06.2016 kl. 14.40

Short Title
Hazardous incident ordinance

Chapter Overview:

Main part
Annex I Hazardous chemicals
Annex II Minimum information in the safety report referred to in § 9
Appendix III Requirements for Major Accident business management and organization to prevent and curb major accidents
Appendix IV Contents of the emergency plan
Annex V information to be communicated to the public pursuant to § 12 first paragraph and second paragraph a

Adopted by Royal Decree. 3. June 2016 pursuant to Act 14 June 2002 no. 20 relating to protection against fire, explosion and accidents involving hazardous substances and the fire service (Fire and Explosion Act) § 43, Law 25 June 2010 No.. 45 on municipal emergency preparedness , civil protection measures and civil defense (civil protection law) § 23, Act of 11 June 1976. 79 the control of products and consumer services (product control Act) § 15, Act of 17 June 2005 no. 62 relating to the working environment, working hours and employment etc. (Working Environment Act) § 3-1 and § 4-5, sixth paragraph and law 13 March 1981. 6 concerning protection against pollution and concerning waste (Pollution Control Act) § 9. Submitted by the Ministry of Justice.
EEA information: EEA annex XX. 23 (Directive 2012/18 / EU).

§ 1. Purpose The purpose of this regulation is to prevent major accidents involving dangerous chemicals and to limit the consequences of such accidents can have for people, property and the environment.

§ 2. Scope This regulation applies to major accident activities as defined in § 3
regulations do not apply:

A)
military activities, including plant or store,

B)
radioactive substances and other sources of ionizing radiation,

C)
transporting hazardous chemicals outside MH establishment by road, rail, inland waterways, shipping routes or in the air and interim storage in connection with transport, including loading, unloading and transfer to or from other means of transport in the dock facilities, docks or transhipment places ,

D)
transport of hazardous chemicals in pipelines and associated pumping stations outside major accident business,

E)
search, extraction and processing of minerals in mines and quarries, including the drilling,

F)
activities taking place in coastal waters in connection with surveys, extraction and exploitation of natural resources in the seabed or its subsoil in internal Norwegian waters, Norwegian territorial waters and the continental shelf that is subject to Norwegian law, || |
G)
storing gas underground in internal Norwegian waters, Norwegian territorial waters or the continental shelf which is subject to Norwegian law. This includes separate storage sites and storage sites related to exploitation and extraction of minerals and hydrocarbons, and

H)
landfills, including storage of waste underground.

Regardless of the exceptions in paragraph e) and h), the regulation applies anyway:

A)
storing gas underground on land in natural layers, aquifers, salt caverns and abandoned mines,

B)
landfills, tailings ponds and other facilities for handling waste containing hazardous chemicals, and

C)
chemical or thermal treatment processes that include hazardous chemicals and storage of dangerous chemicals linked to such treatment processes.

Regulation does not apply to Svalbard, Jan Mayen and the dependencies.

§ 3. Definitions In these regulations apply:
MH establishment means any private or public enterprises where hazardous chemicals and where the amount of chemicals is equal to or greater than the limit specified in Annex I, Part 1 or Part 2, including firms that are not engage employees
notifiable major accident activity activity where hazardous chemicals in quantities equal to or greater than the amounts indicated in Annex I, part 1 column 2 or part 2 column 2, but less than the quantities listed in Annex I, part 1 column 3 or part 2 column 3. Summation formula in Annex I note 4 shall apply where relevant

Safety report compulsory major accident activity activity where hazardous chemicals in quantities equal to or greater than the amounts indicated in Annex I, Part 1 column 3 or Part 2 column 3. Summation formula in Annex I note 4 shall apply where relevant
plants: one technical unit of a major accident business, either above or below ground level, where hazardous chemicals produced, used, handled or stored. This includes all types of equipment, buildings, pipelines, machinery, tools, private railways, harbor, docks serving facility, jetties, warehouses and similar installations, including liquid, which is necessary for the operation
the responsible means any natural or legal person who owns, operates or has jurisdiction over major accident business
dangerous chemical: a chemical substance or mixture of substances, including raw material, product, intermediate product or residual product, which is included in Annex I
major accident: an incident in which it is contained one or more hazardous chemicals, which occurs in a major accident business and receiving an uncontrolled development that immediately or later causes a serious danger to people, the environment or material assets
risk: the expression of the combination of the likelihood and consequences of an incident.

§ 4. Major accident organization's obligations The person responsible for major accidents are to ensure that the business through systematic effort hit all necessary measures to prevent and limit the consequences of major accidents to people, property and the environment. The systematic work to ensure adherence to regulations and satisfy the requirements of Annex III. The systematic work shall be proportionate to the major accident risk, organizational complexity and business activities. The work will be implemented in line with the requirements of the Internal Control Regulations and the Framework Regulations Chapter III ref. Management Regulations, depending on the regulations governing their activities. The person responsible for the enterprise shall ensure that the company's employees involved in this work.
The responsible party shall at all times be able to demonstrate and upon request in writing to demonstrate to supervisors that the business complies with the requirements imposed by the regulations.

§ 5. Supervisory authorities Directorate for Civil Protection and Emergency Planning, Labour Inspection, Environment Directorate, PSA and Industrial Safety organization oversees by regulation and may, within their areas of supervision, make the necessary decisions and establish conditions for implementing the regulation.
Directorate for Civil Protection and Emergency Planning is responsible for the practical coordination of audits and other monitoring regulations.

§ 6. Records The person responsible for major accident business shall notify the Directorate for Civil Protection and Emergency Planning. The notification shall contain the following information:

A)
business name, address, postal address and email address,

B)
local business name, address, postal address and email address, if different from the letter a

C)
job title for people who have responsibility for the operations mentioned under letters a and b,

D)
list of hazardous chemicals that occur or may occur in the business and what condition they occur. The chemicals and their appropriate hazard classes and hazard categories must be identified. Each of chemicals shall be documented safety data sheets or other descriptions with corresponding information,

E)
quantity hazardous chemicals,

F)
organization's current and planned activities, and

G)
detailed description of the business and its immediate surroundings, including factors that could cause a major accident or aggravate the consequences of such an accident. The description should include maps of the area, photos, map reference and site plan showing where dangerous chemicals are present. If there are nearby businesses, construction or other activities that may affect the risk of a major accident, description shall contain information on these.

The notification shall be submitted within the following deadlines:

A)
for emerging businesses, in reasonable time before the dangerous chemicals taken into the plant, and

B)
for existing businesses, in reasonable time before a change in the amount or type of dangerous chemicals which means that activities are covered by the regulation.

Update notification shall be submitted at least every five years from now.
The person responsible for operations when requested by the land-use authority, provide sufficient information about the risks associated with the business.


§ 7. Strategy for preventing and limiting major accidents The person responsible for major accident business shall prepare a document describing the company's strategy for preventing and limiting major accidents. The strategy will be adapted to the nature, risk, size and complexity. It shall describe the organization's overall goals and principles of action, management roles and responsibilities and work systematically and continuously reduce major accident risk, ref. Annex III. The responsible party shall ensure that the strategy is implemented.
The strategy will be drawn up within the following deadlines:

A)
for new businesses, in reasonable time before the dangerous chemicals taken into the plant, and

B)
for businesses that change their dangerous chemicals or increase their levels of hazardous chemicals so that the activities covered by this regulation, in reasonable time before the change occurs.

The strategy document will be submitted to regulatory authorities upon request.
The person responsible for operations must periodically review and if necessary update strategy. It should at least be reviewed and updated every five years.

§ 8. Domino Effect The person responsible for a major accident shall as message or safety report describe their surroundings so that supervisors can identify businesses where it can occur domino effect. Activities shall be identified as domino business where the probability or consequences of a major accident will be greater because of the proximity between companies, their geographic location and their holdings of dangerous chemicals.
When danger domino effect between MA establishments have been identified, adopts Directorate for Civil Protection and Emergency Planning's decision that the companies affected are identified as domino businesses.
Major accidents Businesses that have received a decision pursuant to the second paragraph, shall exchange relevant information so that they can take into consideration the overall risk of a major accident in its systematic work to:

A)
preventing and limiting the consequences of major accidents,

B)
cooperate in informing the public and neighboring establishments, ref. § 12, and

C)
cooperate to convey sufficient information to relevant emergency services and the local authority to use external emergency plans.

§ 9. Security Report The person responsible for the safety report compulsory MH establishment shall prepare safety report documenting that:

A)
provisions of § 4 are met,

B)
possible scenarios and risk of major accidents is identified,

C)
necessary measures are taken to reduce the likelihood of major accidents occurring and to limit the consequences for people, property and the environment,

D)
adequate safety and reliability have been incorporated into the planning, construction, operation and maintenance of facilities and infrastructure that may affect the risk of a major accident,

E)
it is designed internal emergency plan,

F)
sufficient information is submitted to the relevant emergency services and the local authority as a basis for designing external emergency plans, and

G)
land-use authorities are informed with sufficient information to make decisions about placement of new or developing existing activities close to the business.

The safety report shall contain at least all the information specified in § 6, first paragraph, of Annex II and Annex III. It must attribute any external contributors who have helped to prepare the report.
The safety report shall be sent Directorate for Civil Protection and Emergency Planning in a reasonable time before it is hazardous chemicals into the plant, or the type or amount of hazardous chemicals changed so that the business gets backed report subject.
The safety report shall be reviewed and if necessary updated:

A)
least every five years,

B)
on business initiative or at the request of regulatory authorities if it is obtained new information or new knowledge about risk and risk management, and

C)
soon after a major accident or near-miss a major accident.

The safety report shall be sent Directorate for Civil Protection and Emergency Planning as soon as it is updated, and regardless of every five years.

§ 10. Amendment of MH establishment If a major accident enterprise systems, storage location, organization, process or dangerous chemicals properties, condition or amount of change in a way that can significantly affect the risk of major accidents, the person responsible for the business review and if necessary update documentation under § 4, § 6, § 7, § 9 and Annex III. This also applies to changes that limit a notifiable activity is safety report mandatory or vice versa.

The person responsible for the business should inform the Directorate for Civil Protection and Emergency Planning on the changes before they are made.

§ 11. Contingency plans The person responsible for major accidents are to ensure that:

A)
is drawn up an internal emergency plan describing the measures to be taken to limit the consequences of events that could lead to a major accident

B)
relevant emergency services and the local authority receive sufficient information to enable them to draw up external emergency plans and that

C)
emergency plan adapted to the nature, risk, size and complexity.

The person responsible for the MH establishment shall meet the obligations described in the first paragraph a and b in a reasonable time and no later than one month before the operation commenced or make changes in the type or amount of hazardous chemicals.
Contingency plan shall include the information specified in Annex IV. The internal emergency plan shall be prepared in consultation with other employees and other personnel relevant for emergency preparedness.
The person responsible for operations must ensure that the emergency plan is:

A)
practiced and tested annually. All elements of the plan should be practiced and tested over a period of three years, and

B)
reviewed annually and updated with changes that are important for preparedness, and regardless updated at least every three years. In the review shall take into account relevant changes in operations or affected preparedness agency, new technical knowledge and new knowledge about the measures to be taken in the event of major accidents.

The person responsible for the business should immediately implement the internal emergency plan in the event of a major accident or an uncontrolled event which may reasonably be expected to cause a major accident.

§ 12. Information to the public regarding safety The responsible for major accident business shall ensure that the information indicated in Annex V at any time is updated and available to the public, also electronically.
The person responsible for a safety report activities subject should additionally:

A)
regularly inform all persons who may be affected by a major accident. The information shall provide clear and understandable information about safety and appropriate behavior in the event of a major accident. Information shall be provided unsolicited and in the most suitable form and shall contain at least those specified in Annex V. The information shall also be given to all nearby businesses, those responsible for all the neighboring buildings and areas of public traffic, including kindergartens, schools and hospitals. It must be ensured that the information is reviewed periodically and updated if necessary. Information shall be provided at least once every five years.

B)
on request, making the safety report available to the public. This does not apply to information in the safety report:

1.
Who is required to keep secret because public disclosure would facilitate the commission of criminal offenses, exposing individuals to danger or facilitate the implementation of actions that may damage parts of the environment that are particularly vulnerable or threatened with extinction

2.
Concerning technical devices and procedures, as well as operational or business matters which for competition reasons important to keep secret.

If safety report contains information that may be exempted under any other paragraph b, the remaining information is made available in a changed security situation. Such amended safety report shall be sent Directorate for Civil Protection and Emergency Planning.

§ 13. Information that a major accident business shall submit to the regulatory authorities for a major accident The person responsible for major accident business shall as soon as practicable following a major accident has occurred, notify the competent authorities. The responsible party must also notify authorities of accidents and near-accidents that under slightly different circumstances could have led to a major accident. The notification shall be in accordance with the requirements imposed by the various regulatory authorities.
The controller shall, as soon as possible after notification of major accident is given, provide supplementary information to the supervisory authorities:

A)
circumstances of the accident,

B)
hazardous chemicals involved

C)
information about the accident consequences for people, property and the environment, and about

D)
preparedness implemented.

The person responsible for the business should as soon as possible after a major accident prepare a report to supervisors describing:

A)
direct and underlying causes of major accident

B)
measures implemented to mitigate the consequences of the accident in the short and long term, and

C)

Measures taken to prevent such an accident from happening again.

If further investigation reveals conditions that alter data and conclusions in the report, undertakes the responsibility for the business to update the report.

§ 14. Orders and coercive Should a major accident business does not deliver the message in accordance with § 6 or safety report in accordance with § 9 or the information or documentation is inadequate, can Directorate for Civil Protection and Emergency Planning issue orders and impose fines if the business fails to comply with the order.

§ 15. Entry into force and transitional provisions This regulation enters into force on 1 July 2016. From the same date, the Regulations on 17 June 2005 no. 672.
The deadline to meet the new requirements of the regulation is 1 June 2017 for all businesses which has been subject to regulations 17 June 2005 no. 672.
Businesses that upon entry into force of these regulations Major Accident business, shall before 1 June 2017:

A)
deliver message after § 6 or safety report in accordance with § 9 of the Directorate for Civil Protection and Emergency Planning,

B)
elaborate strategy according to § 7, and

C)
prepare internal emergency response plan pursuant to § 11

Annex I
Hazardous chemicals

Hazardous chemicals covered by hazard classes and associated hazard categories listed in Part 1 Column 1 is subject to quantity limits specified in columns 2 and 3. If a dangerous chemical is covered by Parts 1 and also listed in Part 2, the amount of the limits set out in Part 2 column 2 and 3.
Notes to Annex I provides important information and is part of the regulatory provision. Note 1-6, general notes, other notes relating to specific points in the Annex Part 1 and Part 2
Amount limits in columns 2 and 3 shall be based on the tank or container volume calculated in tons.
Exception is liquefied gases where calculating the amount based on the tank or container specified fill level. For LPG and LNG will be assumed that 50 tonnes is the contents of a tank of 120 m³, regardless of the degree of filling density and tank specification. For LPG it should be assumed that 200 tons is the contents of a tank of 470 m³, and for LNG that 200 tons is the contents of a tank of 495 m³.

Part 1. Classes and related categories of hazardous chemicals

This part covers all hazardous chemicals that fall into risk classes and the corresponding hazard categories listed in Column 1:

Column 1 Column 2

Column 3

Hazard classes and associated hazard categories in accordance with the Regulations of 16 June 2012 No.. 622 EC and packaging of substances and mixtures (CLP)
Amount limit (in tonnes) for

Notifiable
business
ref. § 6


Sikkerhetsrapport- liable commerce
ref. § 9

SECTION H - HEALTH HAZARDS

H1 ACUTE TOXICITY Category 1, all exposure routes
5
20

H2 ACUTE TOXICITY
- Category 2, all exposure routes
- Category 3, inhalation exposure - see Note 7
50
200

H3 STOT (Specific Target Organ Toxicity), POISON EFFECT ON CERTAIN BODIES
- SINGLE EXPOSURE STOT SE category 1
50
200

Section P - PHYSICAL HAZARDS

P1a EXPLOSIVE PRODUCTS (see note 8)
- Unstable explosives or
- Explosives, division 1.1, 1.2, 1.3, 1.5 or 1.6 or
- Substances, preparations or articles containing such, which has explosive properties according to method A.14 of Regulation (EC). 440/2008 (see note 9) and which do not fall under the hazard classes Organic peroxides or Self-reactive substances and preparations
10
50

P1B EXPLOSIVE PRODUCTS (see note 8)
Explosives, division 1.4 (see Note 10)
50
200

P2 FLAMMABLE GASES
Flammable gases, category 1 or 2
10
50

P3A FLAMMABLE AEROSOLS (see note 11.1)
Flammable aerosols Category 1 or 2, includes flammable gases Category 1 or 2 or flammable liquids Category 1
150 (net)

500 (net)

P3B FLAMMABLE AEROSOLS (see note 11.1)
Flammable aerosols Category 1 or 2, includes neither flammable gases Category 1 or 2 or flammable liquids Category 1 (see note 11.2)
5000 (net)

50,000 (net)

P4 OXIDIZING GASES
Oxidizing gases, category 1
50
200

P5a FLAMMABLE LIQUIDS
- Flammable liquids, Category 1 or
- Flammable liquids, Category 2 or 3, which is kept at a temperature above its boiling point, or
- Other liquids with flashpoint ≤ 60 ° C which is held at a temperature above its boiling point (see note 12)
10
50

P5b FLAMMABLE LIQUIDS

- Flammable liquids, Category 2 or 3, where particular processing conditions, such as. high pressure and high temperature is a danger of major accidents, or
- Other liquids with a flash point ≤ 60 ° C, where the particular processing conditions, such as. high pressure and high temperature is a danger of major accidents (see Note 12)
50
200

P5C FLAMMABLE LIQUIDS
Flammable liquids, Category 2 or 3 which are not covered by P5a and P5b
5000
50,000

P6A self-reactive substances and mixtures and organic peroxides
Self-reactive substances and mixtures, Type A or B or organic peroxides, Type A or B
10
50

P6B self-reactive substances and mixtures and organic peroxides
Self-reactive substances and mixtures, Type C, D, E or F or organic peroxides, Type C, D, E or F
50
200

P7 pyrophoric liquids and solids
Pyro The liquids, Category 1 Pyro The solids category 1
50
200

P8 OXIDIZING LIQUIDS AND SOLIDS
Oxidizing liquids Category 1, 2 or 3, or Oxidizing Solids, Category 1, 2 or 3
50
200

Section E - ENVIRONMENTAL HAZARDS

E1 Hazardous to the aquatic environment in Acute 1 Category 1 or Chronic Category 1
100
200

E2 Hazardous to the aquatic environment in Chronic Category 2
200
500

Section O - OTHER HAZARDS

O1 Substances or mixtures with hazard statement EUH014
100
500

O2 Substances and preparations which on contact with water, emit flammable gases, category 1
100
500

O3 Substances or mixtures with hazard statement EUH029
50
200

Part 2. Specified hazardous chemicals

This part includes named hazardous chemicals listed in Column 1:

Column 1 Column 2

Column 3

Amount limit (in tonnes) for

Hazardous chemicals

CAS number1

Notifiable
business
ref. § 6


Sikkerhetsrapport- subject
business
ref. § 9

1. Ammonium nitrate (see note 13)
-
5000
10,000

2. Ammonium nitrate (see note 14)
-
1250
5000

3. Ammonium nitrate (see note 15)
-
350
2500

4. Ammonium nitrate (see note 16)
-
10
50

5. Potassium nitrate (see note 17)
-
5000
10,000

6. Potassium nitrate (see note 18)
-
1250
5000

7. Arsenic pentoxide, arsenic (V) acids and / or salts
1303-28-2
1
2

8. Arsenic trioxide, arsenic (III) -syrling and / or salts
1327-53-3

0.1

9. Brom
7726-95-6
20
100

10. Chlorine
7782-50-5
10
25

11. Nickel compounds in powder form that can be inhaled: nikkelmonoksid, nikkeldioksid, nickel, trinikkeldisulfid, dinikkeltrioksid
-

1

12. Ethyleneimine
151-56-4
10
20

13. Fluor
7782-41-4
10
20

14. Formaldehyde (concentration> 90%)

50-00-0 5
50

15. Hydrogen
1333-74-0
5
50

16. Hydrogen chloride (liquefied gas, anhydrous)
7647-01-0
25
250

17. Lead alkyls
-
5
50

18. Flammable liquid gases, category 1 or 2 (including LPG and LNG) and natural gas (see note 19)
-
50
200

19. Acetylene
74-86-2
5
50

20. Ethylene oxide 75-21-8


5 50

21. Propylene
75-56-9
5
50

22. Methanol
67-56-1
500
5000

23. 4,4'-methylenebis (2-chloroaniline) and / or its salts in powder form
101-14-4

0.01

24. Methyl isocyanate
624-83-9

0.15

25. Oxygen
7782-44-7
200
2000

26. 2,4-toluene diisocyanate
2,6-toluene diisocyanate
584-84-9
91-08-7
10
100

27. Karbonyldiklorid (ph)

75-44-5 0.3
0.75

28. Arsentrihydrid (arsine)
7784-42-1
0.2
1

29. Fosfortrihydrid (phosphine)
7803-51-2
0.2
1

30. Sulfur dichloride
10545-99-0

1

31. Sulphur
7446-11-9
15
75

32. Polyklordibenzofuran and polychlorinated dibenzodioxins (including TCDD), calculated in TCDD equivalent (see note 20)
-

0001

33. The following carcinogenic substances or mixtures containing these carcinogenic substances in concentrations above 5 percent by weight: 4-aminobiphenyl and / or its salts, benzotriklorid, benzidine and / or its salts, Bis (chloromethyl) ether, chloromethyl methyl ether, 1,2-dibromoethane, diethyl sulfate, dimethyl sulfate, dimethylcarbamoyl chloride, 1,2-dibromo-3-chloropropane, 1,2-dimethylhydrazine, dimetylnitrosamin, hexamethylphosphoric triamide, hydrazine, 2-naphthylamine and / or its salts, 4-nitrobiphenyl and 1,3-propansulton.
-
0.5
2

34. Petroleum products and alternative fuels
a) gasolines and naphthas,
b) paraffins (including jet fuel),
c) gas oils (including diesel fuels, light heating oils and gas oil mixtures)
d) heavy fuel oils

e) waste oils and liquid fuels, as stated in the Waste Chapter 11 Appendix 1 main category 13, including waste oil
f) alternative fuels including liquid waste-based fuels which serves the same purpose and have similar characteristics in terms of flammability and environmental hazards as the products referred to in points a-d.
-
2500
25,000

35. Ammonia, anhydrous 7664-41-7


50 200

36. Boron
7637-07-2
5
20

37. Hydrogen sulfide
7783-06-4
5
20

38. Piperidine
110-89-4
50
200

39. Bis (2-dimethylaminoethyl) (methyl) amine 3030-47-5

50
200

40. 3- (2-etylheksyloksy) propylamine
5397-31-9
50
200

41. Mixtures * of sodium hypochlorite classified as hazardous to the aquatic environment, acute category 1 [H400] containing less than 5% active chlorine and not classified under any of the other hazard categories in Part 1 of Annex I.

200
500

42. Propylamine (see note 21)

107-10-8 500
2000

43. Tertbutylakrylat (see note 21)
1663-39-4
200
500

44. 2-methyl-3-butennitril (see note 21)

16529-56-9 500
2000

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

533-74-4 100
200

46. Methyl acrylate (see note 21)

96-33-3 500
2000

47. 3-methylpyridine (see note 21)

108-99-6 500
2000

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

109-70-6 500
2000

Notes to Annex I

1.
Chemicals and preparations are classified in accordance with the Regulations of 16 June 2012 No. 622 on the classification, labeling and packaging of substances and mixtures (CLP).

2.
Mixtures shall be treated in the same way as pure substances provided they remain within concentration limits set according to their properties according to regulations on classification, labeling and packaging of substances and mixtures (CLP) or its latest adaptation to technical progress, unless the percentage composition or other description is specifically stated.

3.
Amount limits listed above should be understood as quantity limits per business.

The amounts to be taken into account in the application of the relevant paragraphs, the maximum amounts that occur or may occur at any time. Hazardous chemicals that occur in a business only in amounts equal to or less than 2% of the relevant quantity limit shall not be considered when calculating the total amount present if they are located in such a way within the business that they can not cause a major accident second places on the company.

4.
The following rules on summation of hazardous chemicals or groups of hazardous chemicals shall apply where they are relevant:

If at a business is no single chemical in an amount greater than or equal to the relevant amount limits, the following calculation to determine whether the activities covered by the relevant requirements of the Regulations.
This regulation applies to safety report businesses required if the sum of
q₁ / QU1 + q₂ / QU2 + q₃ / QU3 + q4 / QU4 + q5 / QU5 + ... is greater than or equal to 1, where qx ​​=
the present amount of dangerous chemicals x (or category of dangerous chemicals) that fall under part 1 or 2 of this Annex,
and qux = the relevant qualifying quantity for dangerous chemicals or category x from column 3 of part 1 or from column 3 in part 2 of this Annex.
Regulation applies to notifiable businesses if the sum of
q₁ / QL1 + q₂ / QL2 + q₃ / QL3 + q4 / QL4 + q5 / QL5 + ... is greater than or equal to 1, where qx ​​=
the present amount of dangerous chemicals x (or category of dangerous chemicals) that fall under part 1 or 2 of this Annex,
and QLX = the relevant qualifying quantity for dangerous chemicals or category x from column 2 of part 1 or from column 2 in part 2 of this Annex.
This rule shall be used to assess the health hazards, physical hazards and environmental hazards. It must therefore be applied three times:

A)
for summation of dangerous chemicals listed in Part 2 and classified as acutely toxic, category 1, 2 or 3 (inhalation) or STOT SE category 1, together with dangerous chemicals that fall under Section H, no. H1-H3 in part 1

B)
for summation of dangerous chemicals listed in Part 2 and classified as explosive, flammable gases, flammable aerosols, oxidising gases, flammable liquids, self-reactive chemicals and preparations, organic peroxides, pyrophoric liquids and solids, oxidising liquids and solids, together with dangerous chemicals that fall under section P, nr. P1-P8 of part 1, and

C)

For summation of dangerous substances listed in Part 2 and classified as hazardous to the aquatic environment, acute category 1, chronic category 1 or chronic category 2, together with dangerous chemicals that fall under Section E, no. E1 and E2 in Part 1 .

The relevant provisions of the Regulations apply if one of the sums obtained by a), b) or c) is greater than or equal to 1.

5.
If a business does occur, or may occur, hazardous chemicals not covered by the regulations on classification, labeling and packaging of substances and mixtures (CLP), including waste, and there is a possibility that these chemicals can cause major accidents because of special circumstances in the business, these chemicals are classified, in the most analogous category or the most analogous named dangerous substance covered by these regulations.

6.
For hazardous chemicals with properties that involves classification in more than one category, the category with the lowest quantity limit used. In the application of the rule in Note 4, however, the lowest qualifying quantity for each group of categories in Note 4a), 4b) and 4c) of that classification used.

7.
Hazardous chemicals used in the hazard class Acute toxicity, category 3, by mouth (H 301) will fall under paragraph. H2 ACUTE TOXICITY in cases where they can not be classified neither from acute inhalation toxicity or acute dermal toxicity because, for example lacking clear data on toxicity by inhalation or skin contact.

8.
Hazard Category explosives comprise explosive products (see section 2.1 of Annex I to Regulation on classification, labeling and packaging of substances and mixtures (CLP) If the quantity of the explosive substance or explosive mixture used in the product is known, it should taken of this amount for this regulation purposes. If the quantity of the explosive substance or explosive mixture used in the product, is not known, the entire product is considered as explosives for these regulations purposes.

9. | || It is only necessary to test substances and preparations explosive properties if the procedures for mapping according to Annex 6, part 3 of the UN recommendations on the transport of dangerous goods: attempts books and criteria1 shows that the substance or mixture may have explosive properties.

10.
if explosives in danger group 1.4 unpacked or repacked, they should be classified in point. P1a unless it can be shown that the danger still equals danger group 1.4 according to regulations on classification, labeling and packaging of substances and mixtures (CLP).

11.1.
Flammable aerosols are classified in accordance with Regulation 1 March 1996 no. 229 relating aerosolbeholdere.2 "Extremely flammable" and "inflammable" aerosols under Directive 75/324 / EEC corresponds flammable aerosols Category 1 and 2 of the Regulation on classification, labeling and packaging of substances and mixtures (CLP).


11.2 In order to use this must be documented that the aerosol does not contain flammable gases Category 1 or 2 or flammable liquids Category 1

12.
Under paragraph. 2.6.4.5 of Annex I to Regulation 16 June 2012 no. 622 on classification, labeling and packaging of substances and mixtures (CLP) needs liquids with a flashpoint of 35 ° C can not be classified in Category 3 if it is achieved negative results in L.2 experiment with sustained combustion, described in part III, section 32 of the UN attempts books and criteria. This does not apply to changing conditions such as high temperature or high pressure, and such liquids are therefore included in this.

13.
Ammonium nitrate (5 000/10 000): fertilizer is capable of self-sustained decomposition.

This is mixed / compound fertilizers based on ammonium nitrate (mixed / composite fertilizers containing ammonium nitrate with phosphate and / or potassium) which are capable of self-sustaining decomposition according to the UN Trough Test (UN attempts books and Criteria, Part III Section 38.2 ), and where the nitrogen content as a result of ammonium nitrate is

-
Between 15.753 and 24.54 weight percent, and a total ingredients that can be combusted / organics either does not exceed 0.4%, or meeting the requirements of Annex III-2 to Directive ( EC). 2003/2003 of 13 October 2003 on fertilizers, 5

-
15.75 weight percent or less, and no limitation of flammable materials.

14.
Ammonium nitrate (1 250/5 000): fertilizer quality


This applies to simple ammonium nitrate-based fertilizers and ammonium nitrate-based mixed / compound fertilizers that comply with regulations 4 July 2003. 1063 on trade in fertilizers and liming materials and where the nitrogen content as a result of ammonium nitrate is

-
Higher than 24.5 weight percent, less mixtures of simple ammonium nitrate based fertilizers with dolomite, limestone and / or calcium carbonate with a purity of at least 90%,

-
Higher than 15.75 weight percent mixtures of ammonium nitrate and ammonium sulfate,

-
Higher than 286 weight per cent of mixtures of simple ammonium nitrate based fertilizers with dolomite, limestone and / or calcium carbonate with a purity of at least 90%.

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

This applies to ammonium nitrate and mixtures of ammonium nitrate in which the content of nitrogen resulting from ammonium nitrate is

-
Between 24.5 and 28 percent by weight, and where the content of combustible material does not exceed 0.4%,

-
Over 28 percent by weight, and where the content of combustible material does not exceed 0.2%.

Also applies aqueous ammonium nitrate solutions where the concentration of ammonium nitrate constitutes more than 80 weight percent.

16.
Ammonium nitrate (10/50): material which does not meet specifications (wreck-care) and fertilizers that do not meet the requirements of detonasjonstesten.

This applies

-
Discarded material left during the manufacturing process and failing to note 14 and 15

-
Ammonium nitrate and mixtures of ammonium nitrate, simple ammonium nitrate-based fertilizers and ammonium nitrate-based mixed / compound fertilizers which are or have been returned:

-
From the end user to a manufacturer, because they no longer meets Note 14 and 15, or

-
To a facility for temporary storage or processing to be reworked, recycled or processed for safe use, because they no longer meets Note 14 and 15.

-
Fertilizers mentioned in the first indent of Note 13 and Note 14 to this Annex which do not fulfill the requirements of Annex III-2 to Regulation 4 July 2003. 1063 on trade in fertilizers and liming materials.

17.
Potassium nitrate (5 000/10 000)

This applies composite potassium nitrate based fertilizers (in pellet or granular form) which have the same hazardous properties as pure potassium nitrate.

18.
Potassium nitrate (1 250/5 000)

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

19.
Upgraded biogas

Classifiable under no. 18 in Part 2 of Annex I if it is processed in accordance with applicable standards for purified and upgraded biogas ensuring a quality equivalent to the quality of natural gas, including in terms of methane content, and contains a maximum of 1 % oxygen.

20.
Polyklordibenzofuraner and polychlorinated dibenzodioxins

Amounts of polyklordibenzofuraner and polychlorinated dibenzodioxins calculated using the following weight factors:

WHO 2005 TEF

2,3,7,8-TCDD
1
2,3,7,8-TCDF
0.1

1,2,3,7,8-PeCDD
1
2,3,4,7,8-PeCDF
0.3

1,2,3,7,8-PeCDF
0.03

1,2,3,4,7,8-HxCDD
0.1

1,2,3,6,7,8-HxCDD
0.1
1,2,3,4,7,8-HxCDF
0.1

1,2,3,7,8,9-HxCDD
0.1
1,2,3,7,8,9-HxCDF
0.1

1,2,3,6,7,8-HxCDF
0.1

1,2,3,4,6,7,8-HpCDD
0.01
2,3,4,6,7,8-HxCDF
0.1


OCDD 0.0003
1,2,3,4,6,7,8-HpCDF
0.01

1,2,3,4,7,8,9-HpCDF
0.01


OCDF 0.0003

(T = tetra, Pe = 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 of Dioxin and Dioxin-like Compounds

21.
If this dangerous substance falls under the category P5a Flammable liquids or P5b Flammable liquids used Regulations lowest quantity limit.

Annex II
Minimum information in the safety report referred to in § 9

The safety report should describe the following:
1. Management system
organization's systematic efforts to prevent major accidents and limit the possible consequences of such accidents. The information shall include at least the items specified in Annex III.
2. Operations and surroundings

2.1
Business, its location and surroundings, including maps of the area, photos, map reference and site plan showing where dangerous chemicals are present, as well as meteorological, geological and hydrographic conditions and, if necessary, its history.

2.2
Facilities and activities in activities that may pose a risk of major accidents.

2.3
Neighbouring enterprises, areas and activities that are believed to contribute to a major accident.

2.4

Neighbouring enterprises, sites and activities outside of the organization that is believed to be affected by a major accident.

2.5
Information to affected according to Annex V, and information about how the information is distributed.

3. The plant

3.1
Activities, processes, operating methods and forms of production in the areas of business that may affect major accident risk.

3.2
The dangerous chemicals that can cause or increase the risk of major accidents. Each of chemicals shall be documented safety data sheets or other descriptions with corresponding information. The description shall:


3.2.1 identify the hazardous chemicals with chemical name, CAS number and name in the IUPAC nomenclature. Explosives may alternatively identified with UN numbers with danger code


3.2.2 specify the maximum quantity of dangerous chemicals that may occur, and


3.2.3 describe chemicals physical, chemical and toxicological properties and set both acute effects and late effects for people, property and the environment.

3.3
Chemicals physical and chemical properties under normal operating conditions, anticipated variations in operation and predictable accident conditions.

4. Identification and assessment of risk of a major accident

4.1
Potential sources of major accidents and the conditions under which such an accident could occur.

4.2
Detailed scenarios for major accidents, including an overview of the events that may help to trigger each of the scenarios. The description should include both internal and external factors which could pose a risk or increase the risk of a major accident, including domino effects, the influence of other undertakings which are not covered by this regulation and natural events such as landslides, floods or earthquakes. The description shall also contain confirmation that the events related to criminal damage is assessed.

4.3
Assessing the probability that each of the major accident scenarios may occur.

4.4
Assessment of the possible consequences, including the scope, duration and severity of the identified major accident scenarios. In the description of the consequences should be attached maps, images or equivalent, showing areas which might be affected.

4.5
Previous accidents and incidents with the same dangerous chemicals or processes, with an overview of experiences after the accident and measures that were implemented, or were considered implemented, to avoid repetition.

5. Preventive measures
Organizational, technical and operational barriers have been implemented to prevent major accidents.
6. Consequence reducing measures

6.1
Organizational, technical and operational barriers have been established in business in order to limit the consequences of major accidents.

6.2
Detailed description of:


6.2.1 emergency response organization, including organizational charts, roles and responsibilities, staffing and security procedures,

6.2.2
notification procedures for all personnel in operations and implementation of emergency measures,

6.2.3
internal personnel and material resources that can be mobilized, and

6.2.4
external personnel and material resources that can be mobilized.

Appendix III
Requirements for Major Accident business management and organization to prevent and curb major accidents

The person responsible for activities shall establish a management system that is tailored to the identified risks of major accidents, the organization's complexity and business activities. It shall include organizational structure, responsibilities, procedures, practices, processes and resources to establish, implement and maintain the strategy for prevention and limitation of major accidents, cf. § 7.
organization's management system shall include:

1.
Organization and personnel:


1.1 overview of the organization, tasks and responsibilities of the personnel - both employees, contract and subcontractors - to prevent and curb major accidents at all levels of the organization,

1.2
identification of this personnel's training needs and the implementation of necessary training,

1.3
measures to increase awareness of the importance of continuous improvement, and

1.4
how the personnel involved in point. 1.1 to 1.3 above.

2.

Identification and assessment of the risk of a major accident: procedure for identifying, assessing the likelihood and consequences of possible major accidents during normal and abnormal operation. The procedure should describe the planning, implementation and how the results of the risk assessments used in major accident work.

3.

Operational control: procedures and instructions for safe operation, including condition monitoring and maintenance of plant, processes, equipment, and handling of alarms and temporary shutdowns.


Consideration should be given to best practices for:


3.1 monitor and control the operation and state of the system to avoid system failures,

3.2
manage risk associated with increasing age of the equipment business,

3.3
prevent and reduce corrosion, and

3.4
take appropriate follow-up actions and any necessary countermeasures.

4.

Control of changes: procedures and instructions to plan, implement and document all kinds of changes to major accident business, changes in both organization and staffing, existing facilities and processes, and design of new systems and processes.

5.

Emergency planning: procedures and instructions to reduce the impact of possible major accidents and to establish, maintain, practice and test the emergency plan to face such events.

6.

Evaluation: regular supervision of the implementation and use of management system requirements, objectives, procedures and instructions and strategies to prevent and curb major accidents. The evaluation shall include procedures to implement corrective measures by the disclosure of deviations. Procedures and instructions should include business system:

6.1
internal and external reporting of major accidents or near misses, and

6.2
scrutiny and monitoring of events, also based on experience from previous events.

7.

Management review: systematic monitoring of the management system and strategy to prevent and curb major accidents to ensure that these are suitable and functioning as intended and that they are updated as needed. The management review, with analysis and assessment of measures shall be documented.

Annex IV
Contents of the emergency plan

The emergency plan shall contain at least:

1.
Name or job title of the persons authorized to take immediate action and the person responsible for coordinating the consequence reducing efforts by business.

2.
Name or job title of the person who is responsible for contact with the relevant emergency services.

3.
Description:

3.1
measures to be taken in order to gain control of the identified major accident scenarios and limit the consequences of these,

3.2
personnel, material and equipment available, including personal protective equipment,

3.3
how people who may be affected will be notified, and how to deal with the notification,

3.4
notification to external emergency services. The description shall indicate the information to be included in the first release and procedures for disclosure of more detailed information as it exists. The notification shall state how they could be affected by the incident should behave and how they will be kept informed. The notification shall also state the relevant information for the public safety agencies' efforts including the chemicals and amounts involved, their dangerous properties, protective equipment, measures the company has implemented, the need for assistance and the situation is believed to evolve,

3.5
how the environment will be cleaned and rehabilitated after a major accident, and

3.6
procedures for assistance to external emergency services when the incident have consequences outside its own operations.

Annex V
Information to be communicated to the public pursuant to § 12 first paragraph and second paragraph a

Part 1. Major accident agency shall disclose:

1.
Business name, address and Internet address,

2.
That business is covered by the Major Accident Regulations, and that the notification pursuant to § 6 no. 1 or safety report in accordance with § 9, no. 1 has been submitted to regulatory authorities,

3.
The activities taking place in the business in the form of a simple statement,

4.
The common names of chemicals that occur in the business, and that could lead to a major accident. For the hazardous chemicals covered by Annex I, Part 1, common names or the general danger classification indicated. It shall be given an easily understandable indication of the chemical's main hazardous properties

5.
How those who may be affected by a major accident will be notified, how they should behave when a major accident or incident that could lead to a major accident, and how they can get access to such information electronically

6.
Where further information can be obtained, and that

7.
Information on supervision of operations by the Major Accident Regulations can be obtained from the Directorate for Civil Protection and Emergency Planning.

Part 2. Security Review subject business must also provide:

1.
General information on major-accident hazards, including their potential effects on people, property and the environment,

2.

A brief description of the main types of scenarios for major accidents and the measures taken to deal with these,

3.
Confirmation that the business has an obligation to take appropriate consequence reducing measures on the company, including stand in contact with the public safety agencies and municipalities, with a view to combating major accidents and reducing the effects of them the most, and

4.
Reference to that public bodies have developed external emergency plans to face any effect of major accidents offsite area. The information shall include a request to comply with all instructions and recommendations of effort management in the event of a major accident.