Flammable liquids: what must facilities subject to the ICPE authorization regime implement?

Since the post-Lubrizol plan, authorized ICPE facilities storing flammable liquids must apply the reinforced requirements of the 2010 and 2020 orders to ensure compliance.

Geoffrey Ponthier
Consultant HSE
Publication : 
29.03.2022
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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More than two years after the publication of the initial texts in response to the September 26, 2019 fire at the Lubrizol facility, the coordination of regulations concerning classified installations for environmental protection (ICPE) that store flammable liquids is gradually becoming clearer.

Nevertheless, the application of regulations regarding the storage of flammable liquids for facilities with an ICPE authorization can still raise questions.

As a site subject to the ICPE authorization regime and storing flammable liquids, must you comply with specific requirements? If so, which ones? Are you affected by these regulations even if your facility is not classified under the authorization regime for the flammable liquids stored?

Regulatory frameworks: the orders of October 3, 2010, and September 24, 2020… but not only those.

The first phase of the post-Lubrizol plan, in addition to modifications related to requirements applicable to installations subject to heading 1510 (storage warehouses), provided a more precise framework for the operation of authorized facilities storing flammable liquids.

Thus, since September 2020, two main texts have served as the regulatory framework for authorized facilities storing flammable liquids:

  • the order of October 3, 2010, regarding the storage of flammable liquids in manufactured above-ground tanks, operated within a classified installation for environmental protection subject to authorization;
  • the order of September 24, 2020, regarding the storage of flammable liquids in mobile containers, operated within a classified installation for environmental protection subject to authorization.

The first of these texts, which existed before the accident on September 26, 2019, was made more stringent and its scope was expanded, while the second was newly introduced.

These texts have since undergone several modifications, and their scope of application has been clarified.

Note : facilities previously classified under the authorization regime for heading 1432 (having applied the order of October 3, 2010) and now subject to Registration under heading 4331 were permitted to choose to apply the order of June 1st 2015.

Similarly, these facilities still fully applying the order of October 3, 2010, were permitted to opt for compliance with the provisions of articles 14, 44 to 52, 58, and 59 of the order of June 1, 2015, in place of the provisions of articles 43 to 50 of the order of October 3, 2010. In this context, the operator must inform the prefect of their choice before January 1, 2023.

Scope vigilance

Increased vigilance is required to determine whether these regulations apply to flammable liquid storage.

An installation may be subject to these regulations even if it does not have flammable liquid storage that requires ICPE authorization. In other words, an installation not classified for authorization under one of the following headings (known as "flammable liquid headings") may still be required to apply the order of October 3, 2010, or the order of September 24, 2020: No. 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747, or 4748, or for crude oil under one or more of headings No. 4510 or 4511.

Specifically, the order of October 3, 2010, applies to storage in manufactured above-ground tanks of flammable liquids operated:

  • within a classified installation subject to authorization under one or more of the "flammable liquid headings";
  • within a classified installation subject to authorization under one or more headings other than the "flammable liquid headings," provided that the quantities of hazardous substances or mixtures with hazard statements H224, H225, H226, and flammable liquid waste categorized as HP3 that may be present within all installations regulated by the prefectural authorization order exceed 1,000 tonnes (quantity within all installations regulated by the prefectural authorization order).

The order of September 24, 2020, applies to storage in mobile containers of flammable liquids operated:

  • within a classified installation subject to authorization under one or more of the "flammable liquid headings";
  • within a classified installation subject to authorization under one or more headings other than the "flammable liquid headings," provided that the quantities of hazardous substances or mixtures with hazard statements H224, H225, H226, and flammable liquid waste categorized as HP3 that may be present within all installations regulated by the prefectural authorization order exceed 1,000 tonnes in total, or 100 tonnes in fusible containers (quantities within all facilities regulated by the prefectural authorization decree).

For existing facilities not classified under an "flammable liquids" category for authorization and newly subject to one of these two texts, the operator should have notified the prefect and the classified facilities inspectorate no later than January 1, 2022. To this end, a description of the quantities of flammable liquids likely to be present, the characteristics of the storage facilities, and a compliance assessment regarding the applicable requirements of the relevant decree also had to be submitted.

The flowchart below helps to understand the scope of these two texts.

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Two complementary concepts should be noted:

  • if a facility falls within the scope of these texts, they apply to liquids with hazard statements H224, H225, and H226, flash points between 60 and 93 °C, and HP3-categorized flammable liquid waste present within all facilities regulated by the prefectural authorization decree;
  • a single flammable liquid storage facility cannot be subject to both of these decrees at the same time.

Publication of a guide clarifying the scope and requirements of the decree of October 3, 2010, and the decree of September 24, 2020

The guidance document for texts relating to flammable liquid storage and loading/unloading facilities provides details on flammable liquid regulations following the changes made as part of the Lubrizol action plan.

Both of these texts are covered in a specific section of the guide (Part B for the decree of October 3, 2010, and Part C for the decree of September 24, 2020).

Furthermore, Part A of the guide is a cross-functional section intended to clarify the scope of flammable liquid regulations, particularly for these two decrees. It reiterates the definition of flammable liquids and provides details on flammable liquids falling under "flammable liquids" categories versus those that, due to ICPE classification priorities, do not fall under a "flammable liquids" category (e.g., hexane, heptane).

Conclusion

As part of the "Lubrizol action plan," the regulations applicable to flammable liquid storage for authorized facilities have been significantly strengthened.

We therefore recommend that you:

  • determine your site's administrative status regarding its classification under "flammable liquids" categories;
  • inventory the flammable liquid storage facilities present on your site and categorize them by type: fixed above-ground or underground tanks, or mobile containers;
  • identify the text(s) applicable to each of these storage facilities;
  • if you have not already done so and your facility is affected, you must notify the prefect and the classified installations inspectorate, providing a description of the quantities of flammable liquids likely to be present, the characteristics of the storage facilities, and a compliance report regarding the requirements of the relevant order applicable to your site.

Photo credit 422224191 @Oleksandr Delyk