Block 8: Environmental Issues and Public Health - Air Pollution Chapter 10: Overview Of Air Pollution Legal And Regulatory Framework

The Major Hazard Installation Regulations (MHIR):

These regulations, under the Occupational Health and Safety Act (of 1993), are aimed at reducing the risk of accidents at ‘major hazard installations’ that may result in a large-scale release of toxic chemicals or fire and/ or an explosion that will affect communities living in the vicinity of these installations. The MHIR is therefore aimed at addressing the impact of pollutant releases that are comparatively infrequent but possibly particularly intense - with high concentrations of toxic or flammable materials, although for a comparatively short period.

The MHIR requires that prior permission be obtained for the erection of a major hazard installation, subject the preparation and submission of a Risk Assessment (RA) of the proposed installation. Existing installations require periodic RAs.

The requirements of the Risk Assessment are as follows:

5. Risk assessment

(1) An employer shall carry out a risk assessment at intervals not exceeding three years and submit such risk assessment to the relevant local emergency services.

(2) The employer shall make available on the premises a copy of the risk assessment for inspection by an inspector.

(3) An employer shall in the case of an existing installation, carry out a risk assessment within twelve months of promulgation of these regulations.

(4) An employer shall ensure that the risk assessment as contemplated in subregulation (1), shall -

(a) be carried out by a person or persons competent to express an opinion as to the risks associated with the major hazard installation; and

(b) at least include -

(i) a general process description of the major hazard installation;
(ii) a description of the major incidents associated with this type of installation and the consequences of such incidents, which shall include potential incidents;
(iii) an estimation of the probability of a major incident;
(iv) a copy of the on site emergency plan;
(v) an estimation of the total result in the case of an explosion;
(vi) an estimation of the effects of thermal radiation in the case of fire;
(vii) in the case of toxic release, an estimation of concentration effects of such release;
(viii) the potential effect of a major incident at one major hazard installation or part thereof on an adjacent major hazard installation or part thereof;
(ix) the potential effect of a major incident on any other installation, members of the public, which includes all persons outside the premises of the major hazard installation and on residential areas;
(x) meteorological tendencies;
(xi) the suitability of existing emergency procedures, for the risks identified;
(xii) any requirements as laid down in terms of the Environmental Conservation Act , 1989 (Act No. 73 of 1989); and
(xiii) any organisational measures that may be required.

(5)

(a) An employer shall ensure that the risk assessment required in terms of subregulation (1) is of an accepted standard and is reviewed forthwith if -

(i) there is reason to suspect that the preceding assessment is no longer valid;
(ii) there has been a change in the process involving a substance resulting in the installation being classified a major hazard installation or in the methods, equipment or procedures in the use, handling or processing of that substance; or
(iii) there is reason to believe that incidents that have brought the emergency plan into operation or any near miss may affect the existing risk assessment.

(b) An employer shall in the case where the risk assessment has been up-dated after review submit a copy of the new up-dated risk assessment to the relevant local authorities and the local emergency services.

These regulations have major weaknesses, not least the absence of a prescription or guideline as to the methodology to be used, the lack of specification of the applicability of the regulations and apparent lack of adequate technical resources to assess and respond to the Risk Assessments submitted.

International Treaties (Conventions):

The Stockholm Convention (May 2001) on Persistent Organic Pollutants (POPs) seeks to control and eliminate the discharge of twelve Persistent Organic Pollutants (POPs) into the global environment. These POPs DDT, Aldrin, Dieldrin, Endrin, Chlordae, Heptachlor, Hexachlorobenzene, Mirex, Toxaphene, dioxins, furans and Polychlorinated Biphenyls (PCBs). The last three groups of substances are produced in a variety of combustion processes, including waste incineration and backyard burning of waste.

The Rotterdam Convention (on Prior Informed Consent) seeks to control the international trade in hazardous substances: