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We invite you to review the key regulatory provisions that came into effect on January 1st of this new year regarding safety, environment, and energy.
New environmental regulatory provisions
Digitization of refrigerant waste tracking slips (BSD) & version 3 of the intervention form
(Order of July 26, 2022, and Order of February 29, 2016)
Hazardous waste tracking slips for refrigerants must now be issued via the Trackdéchets.
Consequently, the intervention form that previously served as a tracking slip has been updated. You must now use version 3 of the Cerfa 15497 form.
Note: Paper-based tracking is tolerated until March 31, 2023.
Post-Lubrizol: Storage of flammable liquids in fusible containers
(Order of September 24, 2020 & Order of April 11, 2017)
The storage of flammable liquids in category 1 (hazard statement H224) is prohibited in fusible containers (i.e., those liable to melt in the event of a fire) such as mobile containers with a unit volume exceeding 30 L for sites:
- classified under heading 1510 (Storage of combustible materials, products, or substances in covered warehouses)
- OR subject to the Order of September 24, 2020, regarding "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 (*) as well as SEVESO establishments, the hazard study or its update following January 1, 2023, must specify the types of decomposition products likely to be emitted in the event of a major fire.
(*) : does not apply to facilities with a warehouse volume of less than 900,000 m3 and whose authorization application file was submitted before May 16, 2017, OR whose file was submitted after May 16, 2017, but which was not subject to an environmental assessment under heading 39 of the environmental assessment nomenclature.
Post-Lubrizol: Thermal flux study for 1510 facilities
(Order of April 11, 2017)
The operator of a 1510 facility subject to authorization or registration must develop, before January 1, 2023, a study to determine the distances corresponding to thermal effects in the event of an 8 kW/m2fire.
Post-Lubrizol: Implementation of an Internal Emergency Plan (POI) in low-tier SEVESO establishments
(Order of May 26, 2014)
Low-tier SEVESO establishments must have developed their internal emergency plan (POI). This plan defines the organizational measures, intervention methods, and resources that the operator must implement to deal with an incident and, as far as possible, contain its consequences within the site.
It must be tested at intervals not exceeding three years.
Its content is defined in Annex V of the Order of May 26, 2014.
Indirect emissions to be included in the GHG inventory (Scope 3)
(Environmental Code, Article R. 229-97)
The greenhouse gas (GHG) emissions report (carbon footprint) for companies subject to this requirement (*) and to the non-financial performance statement (DPEF) must include significant indirect emissions resulting from their operations and activities, as well as, where applicable, the use of the goods and services they produce.
(*) Companies with more than 500 employees in mainland France (250 employees in overseas territories)
Prevention of industrial plastic pellet loss into the environment
(Environmental Code, Article D. 541-361)
This applies to production, handling, and transport sites where the total quantity of industrial plastic pellets likely to be present exceeds 5 tonnes.
Note: pellets are defined as plastic materials with external dimensions greater than 0.01 mm and less than 1 cm.
Operators are required to install spill prevention equipment and pellet recovery systems as of January 1, 2023, for sites that began operations before January 1, 2021.
ICPE: new RSDE substances
(Order of February 2, 1998, and ministerial orders amended by the order of August 24, 2007)
The ministerial order of August 24, 2017, known as the "RSDE" order, mandated self-monitoring of new hazardous substances potentially present in effluent discharges for ICPE-authorized sites subject to the order of February 2, 1998, or amended sectoral orders (surface treatment and coating, paper mills, glassworks, animal slaughter, laundries, wine production, agri-food, etc.).
Compliance with emission limit values for 27 of these substances came into effect on January1, 2023.
Examples include dioxins, mercury, and perfluorooctanesulfonic acid (PFOS).
Protection of drinking water networks
(Order of September 10, 2021)
Minimum requirements for protecting water supply and distribution networks for human consumption against backflow pollution have come into effect: separation of non-potable water networks, backflow preventers, inspection and maintenance, etc.
This applies to workplaces, public spaces, and establishments open to the public where water distribution networks, as of January 1, 2023:
- are installed
- or completely renovated
AND are connected permanently or temporarily to water distribution networks intended for human consumption.
New safety regulations
Asbestos identification before work
(Order of July 22, 2021 & Order of December 24, 2020)
Any project owner, facility owner, or entity responsible for structures or equipment involved in the execution or implementation of an activity must have the presence of asbestos checked before any operation involving risks of worker exposure to asbestos.
This identification is now mandatory for any operation involving risks of worker exposure to asbestos on:
- installations, structures, or equipment involved in the execution or implementation of an activity (e.g., equipment or machinery manufactured or built before January 1, 1997),
- aircraft (e.g., airplanes, helicopters, etc.).
Note: for buildings, this identification has been mandatory since July 2019.
Verification of rules implemented by the person responsible for a nuclear activity generating effluents or waste contaminated by radionuclides
(Order of October 24, 2022)
The Public Health Code requires those responsible for nuclear activities to have certain established protocols verified by the Institute for Radiological Protection and Nuclear Safety (IRSN) or by an organization accredited by the Nuclear Safety Authority (ASN).
The new procedures and frequencies for these verifications are defined by the order of October 24, 2022.
The nuclear activities subject to these verifications are those that:
- fall under the authorization, registration, or declaration regime under the Public Health Code with the ASN
- AND generate effluents or waste contaminated by radionuclides, or likely to be, including through activation (e.g., use of unsealed sources).
Adaptation of the TMD Order to new international agreements
(Order of May 29, 2009)
The TMD Order consolidates the rules applicable to the transport of dangerous goods within the national territory for the three land-based modes: Road, Rail, and Inland Waterway. It has been updated to incorporate changes in international regulations regarding the transport of dangerous goods by land (ADR 2023, RID 2023, and ADN 2023).
The main modifications concern the following points:
- the prohibition on the use of hoses manufactured before January 1, 2014,
- clarifications regarding the information and documents to be made available to competent authorities,
- new elements for the annual activity report,
- the accreditation of organizations that conduct training and examinations or issue certificates, approvals, or certifications,
- updates impacting the approvals, inspections, and testing of tanks, MEGCs, hoses, pressure receptacles, and bulk transport containers,
- removal of transitional measures for tanks.
Employers may continue to apply the previous provisions of the ADR order until June 30, 2023.
For more information, see our article.
Conclusion
Given these significant changes, we encourage you to check whether any of these regulatory provisions apply to you and, if so, to review them carefully and implement them if you have not already done so.