COMAH Application at surface treatment sites
OC 655/7 - Standard Letter
Head of Unit: [Name]
[Name of operator of notifying establishment]
[Address]
Date:
Dear Sirs
CONTROL OF MAJOR ACCIDENT HAZARD REGULATIONS 1999 (COMAH)
ESTABLISHMENT: [Name]
TYPE OF NOTIFICATION: COMAH LOWER/TOP* TIER
COMPETENT AUTHORITY REFERENCE No: ????/??/??/200?/?
I write to acknowledge receipt of your notification of the above establishment under regulation 6(2) of the COMAH Regulations.
Chromium trioxide and chromic acid
Your notification is based on the presence at your establishment of dangerous substances, including chromium trioxide and/or chromic acid, in quantities greater than the COMAH threshold.
Chromium trioxide (CrO3) was reclassified in the Approved Supply List (ASL) 8th edition, from toxic (T) to very toxic (T+) on 31 October 2005. The ASL is an integral part of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002, which define the system for classifying dangerous substances and preparations, and are used as the basis for the application of COMAH. The change to the ASL was implemented under amendments to CHIP (referred to as CHIP 3.1).
There has been considerable discussion (including EC level) over the correct classification of baths containing chromic acid and consequent Seveso/COMAH application. This has still to be resolved at a European level and is still under discussion. Until the Classification issue is resolved the UK will adopt the position outlined below.
CURRENT CLASSIFICATION OF CHROMIC ACID SOLUTION
Chromium trioxide, dissolved in a plating bath solution, should be considered to be chromic acid (H2CrO4), CAS 7738-94-5, EINECS# 231-801-5.
Chromic acid is:
- a substance, rather than a preparation containing chromium trioxide
- a chromium VI compound that has a classification prescribed by the CHIP ASL under the group entry 'Chrome VI compounds, with the exception of barium chromate and other compounds specified elsewhere in the ASL'.
- currently classified as
Carcinogenic Cat 2, R49 'may cause cancer by inhalation'; R43 'may cause sensitisation by skin contact' (these classifications are not relevant to COMAH).
Dangerous for the environment R50/53 'very toxic to aquatic organisms' (this classification is relevant for COMAH application).
COMAH IMPACT
- Quantities of chromium trioxide crystal or flake (ie raw material) will count towards T+ qualifying thresholds (5 tonnes for lower tier and 20 tonnes for top tier) and/or R50/53 thresholds (100 tonnes for lower tier and 200 tonnes for top-tier).
You do not hold sufficient quantities of chromic acid (and other substances) to exceed the lower–tier threshold for substances classified as dangerous to the environment. In these circumstances, your establishment will only be subject to COMAH if a subsequently agreed classification of chromic acid is very toxic. Until then, we will not require you to prepare a Safety Report or a Major Accident Prevention Policy (MAPP).
Should chromic acid be reclassified as toxic rather than very toxic, your establishment will either fall into the lower-tier COMAH category, or it will not be subject to the Regulations at all, depending on the quantity held.
Once a decision has been made on the classification of chromic acid, we will write to you again to confirm the COMAH status of your establishment, and the associated requirements.
However, in order to comply with your requirements under the Health and Safety at Work etc Act 1974, you should prepare, if you do not already have in place, arrangements to ensure that you are adequately prepared to deal with potential major accidents including loss of containment from surface treatment baths. If you have any queries regarding this matter do not hesitate to contact me. Please quote the above Competent Authority reference number on all enquiries or correspondence relating to this establishment.
I would ask you to inform any employee representatives of the contents of this letter.
[Name]
Principal Inspector of Health & Safety