Identification of OPNs and Development of PLLAs

Under the Law, a business entity identifies high-risk facilities based on the threshold quantities of hazardous substances. Based on the results of the identification, the facility is classified as Class 1, 2, or 3. The procedure for such identification and record-keeping has been approved by the Cabinet of Ministers of Ukraine.

CMU Resolution No. 1030 specifies that identification applies to facilities where one or more hazardous substances are temporarily or permanently used, processed, manufactured, transported, or stored. This applies both to existing facilities owned or operated by a business entity and to facilities under design: for the latter, identification is carried out even before the design documentation is approved.

An Emergency Response and Mitigation Plan (ERMP) is a plan for localizing and mitigating accidents and their consequences. Under the current version of the Law, operators must develop and approve such plans for each high-risk facility they operate.

The Law explicitly states that the PLLA is an internal facility plan. Upon its approval, revision, or extension, the operator must submit a copy of the plan to the State Emergency Service (SES) or its territorial office within five business days. The PLLA must be revised at least once every three years; if there are no grounds for changes, its validity may be extended for another three years.

Separately, the law requires a new Emergency Response Plan to be developed within two months in the event of a change in the operator’s form of ownership or organizational and legal structure, modernization of production, or changes in regulatory acts governing activities related to hazardous production facilities.

This is a fundamental issue that is often misunderstood in practice.

An accident prevention policy is required for high-risk facilities of Class 1 or 2. This is expressly provided for in Article 9-1 of the Law. The policy is approved by the operator and submitted together with the results of the facility’s hazard identification; for newly constructed facilities, it must be submitted no later than 30 calendar days before filing an application for the facility’s commissioning and the issuance of a certificate.

A safety measures report is also required for Class 1 and Class 2 high-risk facilities. The law requires the operator to prepare and submit this report to the State Emergency Service (SES) or its territorial office at the facility’s location; for facilities where construction has been completed, this must also be done no later than 30 calendar days before submitting an application for commissioning. Following an accident, the report must be revised within 30 calendar days, and following the start of production modernization or a change in technology—no later than 80 calendar days.

Thus, under current legislation, the logic is as follows:

• first, identification is carried out;
• if the facility is not classified as a hazardous facility—the policy, report, and risk assessment are not required as documents for hazardous facilities;
• if Class 3 is assigned—the PLLA is mandatory;
• if Class 1 or 2 is assigned—the PLLA, policy, and safety measures report are mandatory.

Following the 2025 amendments by the Ministry of Internal Affairs, the accident prevention policy and the safety measures report are submitted to the State Electronic Registry of High-Risk Facilities in PDF format, along with a cover letter, via the Registry’s online portal. The Registry itself operates pursuant to Cabinet of Ministers Resolution No. 690 of July 7, 2023.

Legal support in the field of hazardous substances is not limited to preparing a formal set of documents. In practice, it is critically important to correctly identify the list of hazardous substances, hazard classes, production units, and threshold masses; prepare a calculation and explanatory note; correctly complete the OPN-1 notification; and, once the hazard class is established, to develop the Emergency Response Plan, policy, and report in a timely manner. Errors at this stage can lead to the materials being returned for revision, delays in commissioning the facility, or claims from regulatory authorities.

We help by:

• conduct a legal analysis to determine whether the facility is subject to identification;
• prepare a package of documents for OPN identification;
• determine whether your specific facility requires an Environmental Impact Assessment, policy, and report;
• support the submission of documents to the State Emergency Service;
• verify that existing documents remain current following modernization, a change in ownership, or changes in legislation.

– data analysis;
– preparation of a calculation and explanatory note;
– submission to the authorized agency;
– preparation of the environmental impact assessment and report;
– approval by the agency.

– consultations;
– identification of occupational hazards;
– development of occupational health and safety plans;

– Incorporation documents;
– Master plan of the site;
– Design documentation for gas supply systems;
– Certificate of commissioning of utilities, boundary demarcation certificate;
– Equipment certificate for the storage of flammable substances.