Implementation in the Netherlands

Implementation in the Netherlands

Seveso in theNetherlandsAnnemiek van der ZandeCoordinator office LATAdvisor InfoMil

Introduction NL AgencyDutch agency of the Ministry of Economic Affairs,Agriculture and Innovation in The HagueNL Agency houses:- InfoMil: knowledge centre for environmental legislation andpolicy- LAT: national approach to support and co-ordinate SevesoinspectionsAim is to provide information to licensing officers and inspectors oflocal authorities.2

Helpdesktelephone and e-mail, ~20.000 questions / and www.latrb.nlPublicationsguidelines, handbooks, fact sheets, newslettersEducationinformation meetings, workshops, seminars &training activitiesInternational partnerSupporting other countries, participation inEuropean networks3

LAT: support and co-ordinationEvaluation performance Dutch authorities on Seveso2003 & 2004 Program LAT: started 2004– Seveso Academy for inspectors– Online inspection database– Information services– Monitoring– Instruments and toolsTo improve the inspection performance ofthe Dutch authorities4

Implementation in the NetherlandsMinistry of Infrastructure and Environmentoverall co-ordinationenvironment and external safetyreports to the European CommissionSeveso IIMinistry of Safety and Justiceemergency response (fire control)Ministry of Social Affairs and Employmentsafety at work (employees)

Implementation in the NetherlandsSeveso II is complicated legislation:– different juridical fields– national / regional / local government levels– different authorities involvedSeveso is implemented in two national decrees:Hazards of Major Accidents Decree 1999: BRZO– scope, obligations for industry, inspectionsExternal Safety Decree: BEVI- spatial planning / risk contours- covers not-Seveso companies as well

BRZO: general binding rules SevesoObligations for establishments AND authoritiesAuthorities by law mandatory to work together:– Labour inspectorate– Environmental authorities– Fire brigadeTotal: 180 BRZO-inspectors in NL

Scope of BRZOIndustrial establishments where dangerous substances are presentin quantities exceeding at least one of the thresholds in thedirective.At the moment:– 420 BRZO companies in NL– 60% upper tier– 40% lower tier8

BRZO companies in the NetherlandsFor example:– Terminals– Chemical production industries– Refineries– Wholesale– Warehousing– Energy industries– Galvanization industries– Waste incinerators– Fire work companies9

PermitAll BRZO establishments require an environmental permit– for start up, change or extension of activities– permit only when safety risks are acceptable (risk calculationrequired)– permit by environmental authorityFrameworkEnvironmental Management Act (Permit for Physical Aspects)Adresses ‘establishments’:– Business like activities relevant for the environment, during acertain period of time (at least 6 months) in a certain area.

Indicate BRZO establishmentsBRZO establishments- Dangerous substances listed in Annex I- Maximum amount of dangerous substancesexceeds one of the tresholds in Annex I- Establishment must provide sufficiënt information- In NL the environmental authority decides if it’s a BRZO company ornot.11

Dangerous substances presentMeaning:• Substance, mixture or preparation as listed in Annex I• Raw material, product, by-product, residue or intermediateActual or anticipated maximum amount of dangerous substances asallowed in the environmental permit (maximum capacity) or that canbe generated due to loss of control of a chemical process.When transportation means are used as part of the installations, thecapacity of these means must be taken into account. pipelines within the establishment area12

How to use Annex IDangerous substances listed in two partsPart 1 lists named dangerous substances such as …..Part 2 lists categories of substances, mixtures and preparationscategorized by their risk-properties such as toxic, flammable, oxidizing,explosive,…. (classified)13

How to use Annex IWhen the substance is not listed in part 1,then check part 2Multiple risk-classifications (part 2), then usethe lowest treshold valueFor preparations: treshold values refer to the total volume and not tothe quantities of the specific dangerous substance present.Classified according to the Dangerous substances directive andDangerous preparations directive Classification, Labelling and Packaging (CLP)14

Summation ruleWhen several substances are present in quantities below the tresholds,use the summation rule.The directive applies when q1/Q1 + q2/Q2 + q3/Q3 + ….≥ 1Calculated sum per risk categorySubstances from part 1 as well as part 2.Substances in quantities less than 2% of the treshold value are nottaken into account.15

Air craft fuel supply Schiphol airport

Storage and distribution of keroseneAFS at Schiphol Airport is a BRZO establishmentIt exceeds the Annex I upper tier treshold for keroseneBesides BRZO:- Adequate distance to vulnerable objects- Guidelines for the safe storage of petroleum products in tanks(Dutch PGS 29)

Exceptions of BRZOIn NL: establishments for storage, loading and unloading related totransportation under the following criteria:- Short-term storage of packaged dangerous substances(maximum of 14 days) and- Goods are ready for next transportation to a known recipient and- No un- or re-packaging

MeaningIncluded in BRZO :- Terminals- Warehousing- Transportation activities within Seveso-establishments- Distribution centersExcluded of BRZO:– Stevedores (loading and unloading ships)- Railway yards- Transportation outside establishments byroad, waterways, pipelines etc.(in NL not considered as ‘establishment’,these activities are covered by other regulations)

Exceptions of BRZOMining activities with the exception of chemical and thermalprocessing activities and storage which involve dangeroussubstances. relates to the Baia Mare accident in Romania (2000)- use of cyanide to extract gold- tailing dam failure, contaminated waste water floodedIn NL: no comparable mining activitiesExploitation of natural gas in the North of the NetherlandsCovered by Dutch mining regulations

Baia Mare disaster

Exceptions of BRZOWaste land fills with the exception of operational tailingsdisposal facilities containing dangerous substances.In NL there are no land fills with such facilities.

Seveso IIIAlignment of Annex I to the CLP (impact?)Some technical amendments on Annex IImprove the level and quality of information to the publicLand use planning (existing establishments)Stricter standards to improve implementation

Fireworks disaster– Enschede 2000– 23 people were killed, 950 injured– 1500 homes damaged

Chemie-Pack disaster,2011

More information– Seveso and Dutch national support, LAT RB, (Dutch)– Reference Manual Bevi Risk Assessments (English)– InfoMil, External Safety, (Dutch)Or contact me

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