Expert opinions on distances to be maintained taking into account the „presence of hazardous substances“ according to Hazardous Incident Ordinance

Due to a new definition of the term “presence of hazardous substances” in § 2 of the Hazardous Incident Ordinance of 9^th January 2017, a broader approach results. Now hazardous substances are already regarded as existing if it can be foreseen that they may be created during processes getting out of control (e.g. material confusion or fire).

According to the recommendations of the Commission on Process Safety (KAS) of the Federal Ministry for Environment, Nature Conservation, Building and Nuclear Safety on the definition of the term “presence of hazardous substances” there is a positive list of plants which are particularly relevant in any case. For the plants listed in the following, a creation of a considerable amount hazardous substances is to be expected in case of material confusion or fire (process out of control).

1. Storage facilities for plant protection products, pesticides, biocides and sulphur (considering fire scenarios or accidental mixing)

2. Storage facilities according to No. 9.2, 9.3 and 9.37 of the 4^th BImSchV
   (considering fire scenarios or accidental mixing) 

3. Plants for the production of substances and groups of substances by chemical, biochemical or biological transformation on an industrial scale

4. Plants for the production of polyurethane products
   (considering fire scenarios)

5. Plants for the production of PVC products
   (considering fire scenarios)

6. Plants for the vulcanisation of natural rubber or synthetic rubber using sulphur or sulphur compounds (considering fire scenarios) 

7. Plants for the production of soot
   (considering fire scenarios)

8. Plants for the distillation or processing of tar and tar products or tar water and ammonia water
   (considering fire scenarios)

9. Plants for surface treatment
   (considering fire scenarios and accidental mixing)

10. Plants for the interior cleaning of rail tank wagons, road tank vehicles, tankers or tank containers as well as plants for the automatic cleaning of barrels including the accompanying processing plants if organic substances have to be removed from the containers, except for plants where exclusively food, beverages or animal feed has to be removed from the containers (considering accidental mixing) 

11. Plants for the distillation, refining or other processing of petroleum or petroleum products
    (considering fire scenarios)

12. Waste plants:
    Plants for the processing, storage, use and disposal of hazardous waste

However, the test whether the quantity thresholds given in the Hazardous Incident Ordinance are reached, based on the definitions of “plant” and “storage” in the Seveso III Directive, has to be applied exclusively in case of plants and production sites where hazardous substances are intentially used.

The consideration of the existence of hazardous substances caused by processes that got out of control can have the effect that a plant has to be classified as operating area subject to the Hazardous Incident Ordinance and thus an evaluation of the compatibility of operating areas according to § 50 of the Federal Immission Control Act (BImSchG) and Article 13 of the Seveso III Directive and taking into account the situation in the vicinity of the plant has to be made in expert opinions on the distance to be maintained to the plant.  

Contact person for expert opinions on distances to be kept to plants dealing with hazardous substances and check of quantity thresholds