Authorized facilities: modification of the Order of October 4, 2010 on the prevention of accidental risks

A decree modifies the requirements applicable to ICPEs requiring authorization, reinforcing the prevention of accidental risks. Here are the main changes to be aware of.

Fabien Gélisse
EHS Consultant
Update : 
12.09.2025
Publication: 
05.07.2022
Contents
Example H2
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An order dated February 28, 2022 has modified the general requirements applicable to classified facilities subject to authorization in terms of accidental risk prevention, as defined by the order dated October 4, 2010 relating to accidental risk prevention within facilities classified for environmental protection subject to authorization.

Its purpose is to integrate a set of general accident risk prevention provisions, thus constituting the minimum base of provisions applicable to all facilities subject to authorization.

Most of the newly-introduced requirements were already present in the prefectoral decrees governing the operating conditions of classified facilities subject to authorization.

This article presents only those modifications that present a significant compliance challenge for existing and newly-created facilities after September1, 2022.

Note: some of the requirements of this order may be made applicable to classified facilities subject to registration or declaration under the general requirements orders for the headings concerned. For example, the requirements relating to lightning protection (section III of the decree of October 4, 2010) are applicable to installations subject to the declaration or registration regime for heading n°1510 (Warehouses).

Operators should therefore ensure that they are familiar with the general prescriptions applicable to their site, even if it does not fall under the authorization regime. What's more, this decree may be made applicable, in whole or in part, by a prefectoral order.

Lightning protection provisions

These provisions now apply to facilities authorized under headings 3110 to 3260, 3410 to 3510, 3550, 3610, 3670 and 3700.

For existing facilities for which a complete application for authorization was filed before September 1, 2022, and which are not otherwise subject to these provisions on August 31, 2022, these provisions apply as follows:

  • The obligation to carry out a lightning risk analysis (LRA) applies from September 1, 2024;
  • The other provisions relating to this section, including the requirement to carry out a lightning technical study (ETF), to keep a verification and maintenance record, and to carry out periodic inspections, will apply from September 1, 2026.

Provisions for limiting the consequences of loss of containment ‍

Provisions Existing installations (submitted before September 1, 2022 or commissioned before that date) New installations
and
Modifications requiring a new authorization after September 1, 2022
Specific provisions for reservoirs (Art. 25 III)
  • Fixed tanks anchored to the ground, resistant to the buoyancy induced by retention (III. A).
  • Gauging equipment and overfill protection system (III. C).
Management rules for retention and associated storage (Art. 25 II) The volume required for spill containment can be provided by local spill containment or by remote spill containment, common to several storage facilities. In this case, the minimum volume of the remote retention system is at least equal to the largest volume calculated for each of the associated storage facilities.
Provisions specific to remote holding facilities (IV Art. 25)
  • Design constraints for collection area, drainage and offsite retention (fire, overflows, etc.).
  • Presence of a gravity collection or active drainage system (manual and automatic).
  • Periodic inspection, servicing and maintenance of the drainage system.
  • In the case of active drainage, half-yearly function tests are mandatory.
  • The collection system (overhead or in a culvert) must not cross areas with naked lights, nor cut access roads.
  • Safety instructions must include the means and maneuvers to channel and control runoff.
Provisions relating to piping and capacities containing hazardous materials (V Art. 25) Appropriate maintenance and periodic inspections to ensure that they are in good condition and leakproof. Procedures and frequencies must be formalized in operating instructions.
  • Updated map showing the route of pipes containing hazardous materials.
  • Appropriate walkways near traffic lanes (sufficient height, appropriate protection, etc.).
Specific provisions for loading, unloading and handling areas (VI Art. 25)
  • Retention devices kept closed or equipped with an automatic shut-off device.
  • Secure parking areas for dangerous goods vehicles within the site.
Provisions relating to the fire water containment basin (Art. 26 bis)
  • Internal containment systems prohibited in the presence of hazardous materials > 2 m³.
  • Containment volume determined by taking into account :
    • the volume of extinguishing water required ;
    • the volume of product released by the fire;
    • the volume of weather-related water (external containment).

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Provisions relating to photovoltaic power generation equipment

New provisions have been defined for photovoltaic equipment installations notified to the prefect from September 1, 2022 (protection of cables near firewalls, compliance of storage batteries, emergency shutdowns).

General risk management provisions

When planned developments at the facility modify the content of the hazard analysis and are likely to render it unsuitable, a revision or update of the hazard analysis must be undertaken. This process must be formalized in a notice.

The operator permanently supplies or makes available utilities that enable installations to operate within their safety envelope, or that are needed to power the safety barriers or risk control measures that contribute to the safety or emergency shutdown of installations.

For installations for which the complete application for authorization was submitted before September 1, 2022, the work identified as necessary to comply with the provisions of this article must be carried out before January 1, 2026.

General operating control provisions

  • Up-to-date network map: supply to various water points and location of shut-off valves on pipes, fire water retention and containment facilities, location of shut-off devices.
  • Electrical installations:
    • In plant rooms identified as potential sources of fire or explosion, presence of a central switch or emergency stop, clearly identified and marked on a plan.

This provision only applies to plants for which a complete application for authorization has been submitted after September 1, 2022.

    • Conformity of transformer rooms when adjacent to or inside risk areas: ventilation, 2-hour fire-resistant walls and doors, fitted with door closers.

This provision only applies to plants for which a complete application for authorization has been submitted after September 1, 2022.

  • Emergency situations and means of intervention :
    • Definition of procedures for keeping installations safe in the event of failure of fire-fighting equipment and resources.
    • Where an internal operations plan (POI) is prescribed in the prefectoral decree, it must contain the information required for the POI of a Seveso establishment, with the exception of certain elements (provisions for initial environmental sampling, means and methods for restoring and cleaning up the environment after a major accident).

This provision applies to POIs drawn up or updated on or after January 1, 2023. Existing POIs will be updated no later than January 1, 2026.

The POI is tested every three years and updated if necessary.

Risk control for facilities where one or more hazardous phenomena identified in the hazard study lead to irreversible effects beyond the site's boundaries.

  • Establishment of variation ranges for parameters that determine safe plant operation, with alarms set up if necessary;
  • Inform the personnel concerned of any deviations of operating parameters from normal operating conditions.

For facilities that have been duly commissioned, or for which a complete application for authorization was filed before September 1, 2022, the work identified as necessary to comply with these provisions must be carried out before July 1, 2027.

  • Protection of plant control rooms and control and data processing systems against the effects of accidents identified in the hazard study as likely to impact them.

For facilities that have been duly commissioned, or for which a complete application for authorization was filed before September 1, 2022, the work identified as necessary to comply with these provisions must be carried out before July 1, 2027.

  • Implementation of all the equipment and procedures mentioned in the hazards study that contribute to risk control (maintenance and verification of safety barriers and risk control measures, methods for keeping facilities safe in the event of failure or anomaly of safety barriers);
  • Installation of a network of detectors in areas identified as potential sources of fire or explosion.

For installations for which the complete application for authorization was submitted before September 1, 2022, the work identified as necessary to comply with these provisions must be carried out before September 1, 2026.

Another decree dated February 28, 2022 has modified the general requirements applicable to classified facilities subject to authorization in terms of chronic discharges, as defined by the decree of February 2, 1998 on water withdrawals and consumption, as well as emissions of all kinds from facilities classified for environmental protection subject to authorization.

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Photo credit: 241995698 @ weerasak