Hi all, I have been trying to ascertain whether PERMANENTLY moored tankers within a port for use of STS transfers and bunkering would fall under the COMAH regs. The tankers are not intermediate temporary storage as they are permanently moored and re supplied with fuel via ship to ship transfers. I have been told by some of my colleges that because the establishment is a specialised oil tanker other maritime regulations apply yet they have not provided any proof of this and further to this would something that is covered by maritime regs override COMAH regs? Hope somebody can shed some light. Thanks

I too think the tankers would fall under the regs. The new regs came into force on 1st June and the new guidance document L111 may give you the answer you need http://www.hse.gov.uk/pUbns/priced/l111.pdf The tankers appear to come under the definition of an “installation” as they are floating storage. It is also “reasonable to foresee” the “presence of a dangerous substance” at your establishment. See para 62 “Where the presence of a dangerous substance at an establishment is temporary, whether or not it should be included in the establishment’s inventory, shall depend on the extent to which the presence is ‘reasonable to foresee’. Operators are encouraged to speak to the competent authority for advice in these circumstances. “ I do not see how any maritime regulations can overrule COMAH requirements. The regs do not apply to transport of dangerous substances outside an establishment - but this is permanent storage. The new regs/guidance don’t appear to refer any longer to temporary intermediate storage but require operators to consider the total amount likely to be present on site. Hope this helps Ian