Petroleumprodukter – tolkningar i detaljfrågor kring sevesodirektivet

CCA-kommitten har sammanställt ett dokument över tolkningar i detaljfrågor kring sevesodirektivet som medlemsstaterna kommit överens om. Det är viktigt att poängtera att tolkningarna inte har någon juridisk status samt att frågorna och svaren endast utgår  från SevesoII-direktivet och inte den svenska lagstiftningen. Frågorna och svaren är på engelska och är hämtade från CCA-kommittens sammanställning över tolkningar.  Nedan finns en sammanställning av tolkningar kring petroleumprodukter.  

Obs! Tolkningarna har inte någon juridisk status och utgår  endast  från SevesoII-direktivet och inte den svenska lagstiftningen.

How shall fuel additives which contain substantial amounts of solvent naphtha, diesel or similar substances be regarded? Usually such fuel additives are preparations of solvents with substances like ethylene-vinyl acetate copolymer or blends of solvents with various other hydrocarbon components classified R 51/53, with a proportion of normally more than 60 % of solvent. Shall the preparation be classified R 51/53 because of the solvent or diesel amount or can it be grouped into "petroleum products"? 

Tables 1 - 4 of annex III of Directive 1999/45 contain percentage thresholds for preparations, which indicate if a mixture is "dangerous for the environment". If the preparation contains ≥ 2,5 % of another R 50 – 53 substance the whole mixture is classified R 51/53; the same applies if the R 51/53 content is ≥ 25 %.

In the case of a mixture as described in the question both fractions could be have an R 51/53 (or even R 50 – 53) phrase., so in principle the whole preparation would need this classification. But as the legislator’s intent was to create a special group of named substances being aware that this means an increased threshold it is justified to apply this reasoning also to the question of concern. If therefore a mixture  as described would be classified by its content of a petroleum product, it shall be regarded as a petroleum product altogether (thus having no R 51/53 phrase). Only if the qualifying fraction of the non-petroleum product exceeds 25 %, the whole mixture shall be grouped into category 9. 

A - 85, Petroleum Products

How is the group of named substances "petroleum products" defined?
Is shale oil a petroleum product?

Svar Petroleum Products:

The group of named substances "petroleum products" at first is defined by three subgroups:

"Petroleum" in its meaning in English language is a synonym for "crude oil" which indicates that only products originating from crude oil are concerned. Shale oil therefore is no petroleum product. It has to be classified by its flash point or properties dangerous for the environment either in categories 6, 7 or 9.
Petroleum products may be defined by their production conditions, for example:

More information may be taken from the CONCAWE reports 92/103 (gasoline), 94/106 (kerosene) and 95/107 (gas oils).

If the definition by distillation ranges is not known or not feasible to identify, the UN/ADR codes can serve as information source, as they define as follows:

Svar Petroleum Products:

No 

A - 87, Additives to petroleum products

If the final use of a substance is to be added, in small percentages, to automotive petrol, does that mean that the substance should be regarded as being assimilated to the category "automotive petrol and other petroleum spirits".

Svar Additives to petroleum products:

No. The substance must be classed on the basis of its intrinsic properties; its final use is not relevant. 

A - 88, Crude Oil

How should crude oil be considered?  

Svar Crude Oil:

Crude oil as defined by CAS-Nr. 8002-05-9 and officially assigned risk phrases R 45 (may cause cancer) and R 53 (may cause long-term adverse effects in the aquatic environment) is not considered falling under the scope of the Directive. However, crude oil is a sample name for a group of hydrocarbon mixtures with a variety of properties and may have substantial flammable portions. But it falls not under the named substance group of "petroleum products" as no one of the listings under a) – c) applies for crude oil (the named substance group " +automotive and petroleum spirits" does no more exist after the amendment of the Directive).

If a special crude oil possesses a property as defined by one of the categories on annex I, part 2, it should be treated on the basis of this property. 

How should fuel oil be considered? Should there be a distinction between high sulfur (R 51/53) and low sulfur (R52/53) fuel oil?

Is bunker oil also fuel oil?

Fuel oils have to be considered by the named substance group of petroleum products (gas oils including diesel fuels, home heating oils and gas oils blending streams); gas oil is a sample definition for all hydrocarbons as derived from boiling fractions of petroleum processing in a range of about 170o C to 400o C (see also A-85). The sulphur content was a relevant issue in Directive 96/82/EC, but will no longer be relevant in the amended directive as fuel oils belongs to the named group of petroleum products in 2003/105/EC.

"Bunker oil" is a term for fuel oil used for ships, where the decisive properties must be clarified. Heavy fuel oils, such as those that require preheating, are not covered by the definition of "gas oils".