Recent Safety and Environmental Legislation

Recent Safety and Environmental Legislation

0957–5820/03/$23.50+0.00 # Institution of Chemical Engineers Trans IChemE, Vol 81, Part B, March 2003 www.ingentaselect.com=titles=09575820.htm RECE...

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0957–5820/03/$23.50+0.00 # Institution of Chemical Engineers Trans IChemE, Vol 81, Part B, March 2003

www.ingentaselect.com=titles=09575820.htm

RECENT SAFETY AND ENVIRONMENTAL LEGISLATION necessary to prevent major accidents and limit their consequences to persons and the environment’. Summary details of the four COMAH major accidents in England, Wales and Scotland, notiŽ ed to the European Commission in the period April 2000 to March 2001 follow. The key points to note are that of the four accidents:

DEVELOPMENTS IN SAFETY LEGISLATIONÐUK Four Major Accidents at Major Hazard Sites in 2000=01 There were four major accidents in 2000=01 at industrial premises subject to the Control of Major Accident Hazards (COMAH) Regulations 1999, according to a new report published on 3 February 2003. None of the four accidents resulted in serious or fatal injuries. COMAH major accidents notiŽ ed to the European Commission, England, Wales & Scotland 2000–2001, is published by the Health & Safety Executive (HSE), the Environment Agency in England and Wales (EA), and the Scottish Environment Protection Agency (SEPA) who together form the Competent Authority, (CA), which enforces the COMAH regulations. The report describes the four EC Reportable Accidents (ECRAs) that occurred during the period April 2000 to March 2001, and provides a summary of each incident, including their consequences and enforcement action taken by the CA. The report has been published on the Internet, and is in line with the COMAH Regulations for giving greater public access to information relating to major accident hazards. It can also be used to learn lessons from the past and help to prevent accidents in the future. It is the second report to be published following the launch of the series with the report covering 1999=00. The number of reportable accidents in 2000=01 is similar to the average number for recent years. Whilst recognizing that it is difŽ cult to draw conclusions from such a small sample, these can be used as a crude measure of safety performance. There is concern at the magnitude and frequency of these accidents and at the repeated underlying causes of major accidents. HSE, EA and SEPA. will continue to use the regulations to improve corporate governance of major hazard sites. The COMAH regulations require the CA to notify the European Commission (EC) of certain major accidents. The criteria include: the release of a speciŽ ed quantity of a dangerous substance; speciŽ ed harm to persons (such as a death); speciŽ ed harm to the environment (such as signiŽ cant damage to more than 10 km (6 miles) of river) or in some circumstances a ‘near miss’ of particular technical interest. The EC then uses the data to inform its decisions on future changes to legislation regarding major accident hazards. The COMAH Regulations 1999 apply to approximately 1100 establishments that have the potential to cause major accidents because they use, or store, signiŽ cant quantities of dangerous substances, such as oil products, natural gas, chemicals and explosives. The general duty of the regulations is that: ‘Every operator shall take all measures

two of the accidents occurred at top tier sites and two at lower tier sites; no fatal=serious injuries occurred; one accident required 60 residents to be evacuated for 12 hours, with further evacuations taking place due to possible off-site effects; one accident resulted in on-site property damage in excess of 2 million ECU; two other accidents cost a total of £65,000 in on-site damage and losses; the CA investigated all four accidents. One investigation is still ongoing; one accident resulted in a prosecution with a Ž ne of £750,000 imposed; prohibition and=or improvement notices were served in relation to three of the accidents. In one other case improvement was recommended without the need for formal enforcement; one accident has led to the preparation of a public report to be published on the HSE Internet website early in 2003. Conclusions there were four ECRAs in 2000=01. This is similar to the average number of major accidents that were reported annually under the previous CIMAH regulations; whilst recognising that it is difŽ cult to draw conclusions from such a small sample, ECRAs can be used as a crude measure of safety performance. The Accident Frequency Rate (AFR) for the period April 2000 to March 2001 is 3.6 ECRAs per thousand COMAH establishments per annum. Alternatively this can be expressed as one ECRA per 277 COMAH establishments per annum; there is concern at the magnitude and frequency of these accidents and at the repeated underlying causes of major accidents. The CA will continue to use the COMAH Regulations as the vehicle for improving corporate governance of major hazard sites. The table below gives further information on the four accidents. The main report, COMAH Major Accidents NotiŽed to the European Commission England, Wales and Scotland 2000–2001 is available on the HSE website: www. hse.gov.uk=hid.

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RECENT SAFETY AND ENVIRONMENTAL LEGISLATION Accident Description & Dangerous Substances

Operator, Location & Date

Accident Consequences & ECRA NotiŽ cation Criteria

BP Amoco, Part of BP Grangemouth Petrochemicals Complex, Falkirk 10 June 2000

Release and ignition of 13 tonnes of extremely  ammable hydrocarbons (Naptha) from Fluidised Catalyst Cracking Unit.

Uniqema (ICI Chemicals and Polymers Ltd t=a), Wilton, Middlesbrough 6 October 2000

4 tonnes of  ammable and toxic liquid Ethylene Oxide at approximately 5 C released to a bund during Ž lling of a road tanker. Fire in the storage area of a chemical waste transfer station. Approximately 180 tonnes of  ammable and toxic material consumed in the Ž re.

Cleansing Services Group Ltd, Upper Partington Works, Sandhurst, Nr Gloucester 30 October 2000

Nipa Laboratories, Ruabon Works, Wrexham 13 January 2001

No serious injuries to site personnel or injuries to the public. No harm to the environment. SigniŽ cant Ž re damage to plant. Loss of more than 5% of top tier threshold inventory. Property damage in excess of 2 million ECU. No injuries, plant damage or harm to the environment. Approximately £25,000 lost in material costs. Loss of more than 5% of top tier threshold inventory. Minor injuries to 9 people (4 Ž re brigade personnel, 1 police ofŽ cer and 4 local residents). Evacuation of 60 people for more than 12 hours. Loss of more than 5% of top tier threshold inventory and evacuation of persons for more than 500 person hours. No injuries, plant damage or harm to the environment. Losses and cleanup amounted to £39,800. Loss of more than 5% of top tier threshold inventory.

14 tonnes of toxic Phenol released from storage tank into a bunded area

Offshore Hydrocarbon Releases Down in 2001=2 During 2001=2002, 241 offshore hydrocarbon releases were reported to the Health and Safety Executive (HSE), 29 (11%) less than the previous year. The numbers of both major and signiŽ cant releases have decreased substantially over the past three years. The Ž gures were published by HSE’s Offshore Division (OSD) in its offshore hydrocarbon releases statistics report for 2002, giving details of hydrocarbon releases from offshore oil and gas installations on the UK Continental Shelf. The report covers all hydrocarbon releases notiŽ ed to HSE from 1 October 1992 to 31 March 2002, and replaces the 2001 statistics report (HSR 2001 002, issued January 2002).

97=98 13 139 66 218

98=99 15 134 85 234

99=00 12 127 95 234

Failure of a redundant 3 branch in main transfer line due to lack of support resulting in vibration fatigue. Prosecution taken and company Ž ned £750,000. A public report of this accident is to be published on the HSE website early in 2003.

Over ow of vent knock out (KO) pot due to spring operated hand valve not closing. The CA recommended that a trip be Ž tted to transfer pump on high level in vent KO pot to reduce reliance on manual intervention. Accident is still under investigation by the Competent Authority. Precise cause not yet established. COMAH Prohibition Notice issued in relation to the safe storage of packaged dangerous goods—since withdrawn (COMAH no longer applies to the site). Replaced by 2 Improvement Notices concerning safe storage of dangerous substances and revision of emergency planning arrangements. Incorrect manual setting of phenol transfer system caused a stock tank to over ow. Improvement Notice served resulting in re-design of safety control system.

2001=2002, and compares the Ž ndings with those in the 2000=2001 investigation project report (OTO 2001 055 Report on the hydrocarbon release incident investigation project 1=4=2000 to 31=3=2001) produced as part of the HSE Process Integrity Initiative. Copies of Offshore hydrocarbon releases statistics 2002 (HID Statistics Report HSR 2002 002) are available free from: HID Data Management Team, CD4C, Central Division, HSE, 2nd Floor, St. Annes House, University Road, Bootle, Merseyside L20 3RA (Tel: 0151 951 3099; Fax: 0151 951 4980). Copies of this report can also be downloaded free of charge from HSE’s website at http:==www.hse.gov.uk=hid=osd=hsr2002=index.htm Safety and health Week to Focus on Dangerous Substances

Reported hydrocarbon releases 1997=98–2001=2002 SEVERITY Major SigniŽ cant Minor TOTAL

Causes and Actions Taken

00=01 8 117 145 270

01=02 4 109 128 241

This report also contains an analysis of those hydrocarbon release incidents, which were investigated during

This year’s European Week for Safety and Health, starting on 13 October 2003, will focus on dangerous substances in the workplace. Organized in the UK by the Health and Safety Executive (HSE), this annual initiative has become the largest workplace health and safety event in Europe. Thousands of businesses use the week to look at ways of making their working environment a safer and healthier place. Trans IChemE, Vol 81, Part B, March 2003

RECENT SAFETY AND ENVIRONMENTAL LEGISLATION The campaign for this year’s week gets underway in May when HSE will launch a free action pack of material to help participants with their plans. Details of how to obtain a pack will be announced in the spring. HSE will be encouraging organizations to look at ways of preventing ill health and reducing adverse effects in the workplace including cancers, respiratory diseases and skin diseases. Hundreds of organizations provided feedback to HSE about their campaigns for last year’s event, which concentrated on workplace stress. From these, 166 have been chosen to receive regional awards at lunchtime presentations due to take place around the UK during February, and 27 out of those will be chosen to receive a prestigious national award in March at Cardiff City Hall. Selected by David Phillips from information given on HSE’s website: www.hse.gov.uk DEVELOPMENTS IN ENVIRONMENTAL LEGISLATIONÐUK Air Quality Improving, Say OfŽ cial Figures New Ž gures released on 13 January 2003 showed that the UK’s air quality continues to improve. The provisional air quality headline indicator for 2002 shows that in urban areas air pollution was recorded as moderate or higher on 14 days on average per site compared with 24 days the previous year. In rural areas, the provisional Ž gure for 2002 is 23 days on average per site, compared with 30 days recorded during 2001. The latest Ž gures show that in urban areas there is a clear downward trend since 1993 in the average number of days of moderate or higher air pollution. The trend in rural areas is variable as it is largely dependent on ozone pollution which can vary greatly with the weather and pollution carried long distances on the wind. The government is promoting wider use of cleaner fuels and vehicles with grants under the PowerShift and CleanUp programmes. Its ten-year transport plan sets out a comprehensive £180bn investment programme to improve public transport, cut trafŽ c congestion and air pollution. Nationally, measures which have led to improved air quality include: tighter standards for emissions from new cars and ultra-low sulphur and lead free petrol. The switch to gas from coal and oil in power generation and the tighter regulation of other industrial emissions has also improved the environment. The government introduced tighter targets last year to cut levels of key air pollutants as part of its Air Quality Strategy together with statutory backing for action at local level.

Advisory Committee on Hazardous SubstancesÐ Annual Report 2001=2002 The Advisory Committee on Hazardous Substances (ACHS), which provides expert scientiŽ c input on the risks presented by hazardous chemicals to the environment or human health via the environment, has published its 2001=2002 Annual Report. The ACHS was reconstituted in April 2001 mainly to provide technical knowledge and advice to the new advisory Trans IChemE, Vol 81, Part B, March 2003

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body, the UK Chemicals Stakeholder Forum (UK CSF), chaired by the Earl of Selborne. The report covers a wide range of issues considered by ACHS during the last year including its work and close support for the UK CSF. The Committee advised the Forum on the prioritization and risk assessment of potentially harmful substances as well as advising on the criteria for identifying hazardous substances. The ACHS also advised the Government on a number of areas; including the development of performance indicators for hazardous substances, a new UK policy restricting the use of lead shot for hunting wildfowl, and changes to the international ozone depleting substances regulations. The annual report and agenda and minutes of ACHS meetings are posted on the website www.defra.gov.uk= environment=chemicals=achs=index.htm. The Committee welcomes further opportunities to increase public access to its workings and is developing procedures to achieve this aim.

Tighter Air Pollution Targets Formally Introduced Tough air pollution targets announced last year were formally included in the Government’s Air Quality Strategy on 6 February 2003. A new addendum will update the Government’s strategy with new targets announced last August to cut levels of four key air pollutants. The targets represent a signiŽ cant strengthening of the Strategy’s current air quality targets for particles and other important pollutants. For particles, the new target is at least 50% tighter than the current objective. A separate particles target has been set for London to take account of the markedly higher levels of industrial and transport activity than elsewhere in the country. The new target for benzene is more than three times tighter than the current objective. The target for carbon monoxide is in line with the latest EU Directive limit value but had been set to be achieved two years earlier. A target for polycyclic aromatic hydrocarbons, organic compounds found in the air, is introduced for the Ž rst time. Revised Local Air Quality Management (LAQM) policy and technical guidance has also been published to assist local authorities with their statutory duties under the Environment Act 1995. Local authorities have ‘to have regard’ to this guidance under section 88(2) of the 1995 Act when carrying out their air quality reviews and assessments. The air quality review and assessment process has been streamlined to make it easier for local authorities after having taken into account a detailed evaluation of the lessons learnt since the system was introduced in 1997. Local authorities will be expected to undertake reviews and assessments of air quality every three years and to adopt a multi-disciplinary and corporate approach in handling air quality issues. The Air Quality Strategy for England, Scotland, Wales and Northern Ireland: Addendum is available on the Defra web site at www.defra.gov.uk=environment=airquality= strategy=addendum=index.htm. It is also available from Defra Publications, Admail 6000, London SW1A, UK. Selected by Rolf Clayton from information given on DEFRA’s website: www.defra.gov.uk