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We'd like to take a look at the main safety, environmental and energy regulations that came into force on January 1 of this year.
New environmental regulations
Dematerialization of BSD refrigerants & version 3 of the intervention sheet
(Order of July 26, 2022 and Order of February 29, 2016)
Hazardous waste tracking slips for refrigerants must be issued via the Trackdéchets platform.
As a result, the intervention form used as a BSD has changed. Version 3 of cerfa 15497 must now be used.
Note: until March 31, 2023, paper-based traceability is tolerated.
Post-Lubrizol: Storage of flammable liquids in meltable containers
(Order of September 24, 2020 & Order of April 11, 2017)
The storage of category 1 flammable liquids (hazard symbol H224) is prohibited in meltable containers (i.e. likely to melt under the effect of a fire) such as mobile containers with a unit volume of over 30 L for the following sites:
- classified under heading 1510 (Storage of combustible materials, products or substances in covered warehouses)
- OR subject to the order of September 24, 2020 "storage of flammable liquids in mobile containers".
Post-Lubrizol: Decomposition products
(Order of April 11, 2017 & Order of May 26, 2014)
For facilities authorized under heading 1510 (*) and SEVESO establishments, the hazard study or its update after January 1, 2023 must mention the types of decomposition products likely to be emitted in the event of a major fire.
(*): does not apply to facilities with a storage volume of less than 900,000m3 for which the authorization application file was submitted before May 16, 2017 OR for which the application file was submitted after May 16, 2017 but was not subject to an environmental assessment under heading 39 of the environmental assessment nomenclature.
Post-Lubrizol: Heat flow study of 1510 installations
(Order of April 11, 2017)
Before January 1, 2023, the operator of a 1510 facility subject to authorization or registration must draw up a study to determine the distances corresponding to thermal effects in the event of an 8 kW/m2 fire.
Post-Lubrizol: Setting up a POI in SEVESO low threshold establishments
(Order of May 26, 2014)
SEVESO low threshold establishments must have drawn up their own internal operations plan (POI). This plan defines the organizational measures, response methods and resources required by the operator to deal with an incident and contain its consequences within the site as far as possible.
It must be tested at intervals not exceeding three years.
Its content is defined in Appendix V of the Order of May 26, 2014.
Indirect emissions to be taken into account for the GHG balance (scope 3)
(French Environment Code Article R. 229-97)
The greenhouse gas balance sheet (GHG balance sheet / carbon balance sheet) of companies subject to the GHG balance sheet (*) and extra-financial performance declaration (EPR) must include the significant indirect emissions resulting from its operations and activities, as well as, where applicable, from the use of the goods and services it produces.
(*) companies with more than 500 employees in mainland France (250 employees in French overseas departments and territories)
Preventing losses of industrial plastic granules to the environment
(French Environment Code Article D. 541-361)
This applies to production, handling and transport sites where the total quantity of industrial plastic granules likely to be present exceeds 5 tonnes.
Note: granules are plastic materials with external dimensions greater than 0.01 mm and less than 1 cm.
Operators are required to install discharge prevention equipment and pellet recovery systems from January 1, 2023 for sites that began operating before January 1, 2021.
ICPE: new RSDE substances
(Order of February 2, 1998 and ministerial decrees modified by the order of August 24, 2007)
The ministerial decree of August 24, 2017, known as the "RSDE" decree, had imposed self-monitoring of new hazardous substances likely to be present in effluent discharges for ICPE sites subject to authorization under the decree of February 2, 1998 or amended sectoral decrees (surface treatment and coating, paper mills, glassworks, animal slaughtering, laundries, wine-making activity, food processing...).
Compliance with emission limit values for 27 of these substances comes into force on January1, 2023.
These include dioxins, mercury and perfluorooctanesulfonic acid (PFOS).
Protection of drinking water networks
(Order of September 10, 2021)
Minimum requirements for the protection of water supply and distribution networks intended for human consumption against backflow pollution have come into force: separation of non-potable water networks, backflow preventers, verification and maintenance, etc.
This applies to workplaces, places open to the public and establishments open to the public, including water distribution networks from January 1, 2023:
- are set up
- or totally renovated
AND which are permanently or temporarily connected to water distribution networks intended for human consumption.
New safety regulations
Asbestos detection before construction
(Order of July 22, 2021 & Order of December 24, 2020)
All clients and owners of installations, structures or equipment involved in the performance or implementation of an activity must have the presence of asbestos investigated prior to any operation involving risks of exposure of workers to asbestos.
This survey is now mandatory for all operations involving risks of exposure of workers to asbestos on :
- installations, structures or equipment used to carry out or implement an activity (e.g. equipment or machines manufactured or built before January 1, 1997),
- aircraft (e.g. airplanes, helicopters, etc.).
Note: for buildingsbuildings, this identification is already compulsory since July 2019.
Verification of the rules implemented by the manager of a nuclear activity generating effluent or waste contaminated by radionuclides
(Order of October 24, 2022)
The French Public Health Code requires those in charge of a nuclear activity to have certain rules verified by the Institut de Radioprotection et de Sûreté Nucléaire (IRSN) or by an organization approved by the Autorité de Sûreté Nucléaire (ASN).
The new procedures and frequencies for these checks are set out in the Order of October 24, 2022.
The nuclear activities concerned by these verifications are those which :
- are subject to authorization, registration or declaration with the ASN under the Public Health Code
- AND generate effluent or waste contaminated or likely to be contaminated by radionuclides, including by activation (e.g. use of unsealed sources).
Adapting the TDG decree to new international agreements
(Order of May 29, 2009)
The TDG decree groups together the rules applicable to the transport of dangerous goods on national territory for the 3 land modes: road, rail and river. It has been adapted to take account of changes in international regulations on the transport of dangerous goods by land (ADR 2023, RID 2023 and ADN 2023).
The main changes concern the following points:
- a ban on the use of hoses built before January 1, 2014,
- details of the information and documents to be made available to the competent authorities,
- new elements in the annual activity report,
- the approval of bodies organizing training courses and examinations or granting certificates, approvals or homologations,
- changes affecting the approval, inspection and testing of tanks, MEGCs, flexible hoses, pressure vessels and bulk containers,
- abolition of transitional measures concerning tanks.
Employers may continue to apply the old provisions of the TDG Order until June 30, 2023.
For more information, see our article.
Conclusion
Against this backdrop of rapid change, we invite you to check whether any of these regulations apply to you, and if so, to study them in detail and implement them if you haven't already done so.