Authorized classified installations: amendment to the order of October 4, 2010, regarding the prevention of accidental risks

A new order amends the requirements for ICPEs subject to authorization, strengthening accidental risk prevention. Here are the key changes you need to know.

Fabien Gélisse
Consultant HSE
Publication : 
05.07.2022
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

An order dated February 28, 2022, has amended the general requirements for classified installations subject to authorization regarding accidental risk prevention, as defined by the order of October 4, 2010, concerning the prevention of accidental risks within classified installations for environmental protection subject to authorization.

It aims to integrate a set of general provisions for accidental risk prevention, thereby establishing a minimum baseline of requirements applicable to all installations subject to authorization.

Most of the newly introduced requirements were already present in the prefectural orders governing the operating conditions of classified installations subject to authorization.

This article only covers the modifications that present significant compliance issues for existing installations and those created after September1 st, 2022.

Note: Certain requirements of this order may be made applicable to classified installations subject to the registration or declaration regime through the general requirements orders for the relevant categories. For example, requirements regarding lightning protection (Section III of the order of October 4, 2010) are applicable to classified installations under the declaration or registration regime for category no. 1510 (Warehouses).

Operators should therefore ensure they review the general requirements orders applicable to their site, even if it does not fall under the authorization regime. Furthermore, this order may be made applicable, in whole or in part, by a prefectural order.

Provisions regarding lightning protection

These provisions are now applicable to installations authorized under categories 3110 to 3260, 3410 to 3510, 3550, 3610, 3670, and 3700.

For existing installations where the complete authorization application was submitted before September 1, 2022, and which were not otherwise subject to these provisions as of August 31, 2022, these provisions apply as follows:

  • The obligation to conduct a lightning risk analysis (LRA) applies starting September 1, 2024;
  • Other provisions in this section, including the completion of a lightning technical study (LTS), the maintenance of a verification and maintenance log, and the performance of periodic inspections, are applicable starting September 1, 2026.

Provisions regarding the limitation of consequences of loss of containment ‍

Provisions Existing facilities (application fully submitted before 1 September 2022, or already lawfully in operation before that date) New facilities
and
Modifications requiring a new authorisation from 1 September 2022
Specific provisions for tanks (Art. 25 III)
  • Fixed, ground-anchored tanks, resistant to the buoyancy (Archimedes' thrust) induced by the bund (III. A).
  • Gauging equipment and anti-overflow system during filling (III. C).
Rules for managing bunds and associated storage (Art. 25 II) The volume required for containment can be provided by local bunds or by remote bunds shared across several storage areas. In that case, the minimum volume of the remote bund must be at least equal to the largest volume calculated for each of the associated storage areas.
Specific provisions for remote bunds (IV Art. 25)
  • Sizing constraints for the collection area, drainage and remote bund (fire, overflow, etc.).
  • Presence of a gravity collection system or an active (manual and automatic) drainage system.
  • Periodic inspection, servicing and maintenance of the drainage system.
  • Where active drainage is used, mandatory six-monthly functional tests.
  • The collection system (overhead or in a channel) must not cross areas with open flames or block access routes.
  • Safety instructions must include the means and procedures for channelling and controlling spills.
Provisions relating to pipework and vessels containing hazardous materials (V Art. 25) Appropriate maintenance and periodic inspections to ensure good condition and leak-tightness. The methods and frequency must be formally set out in the operating instructions.
  • Plan updated with the routing of pipework containing hazardous materials.
  • Appropriate routing near traffic routes (sufficient height, suitable protection, etc.).
Specific provisions for loading, unloading and handling areas (VI Art. 25)
  • Bund shut-off devices kept closed or fitted with an automatic shut-off system.
  • Designated areas for the secure parking of dangerous goods transport vehicles, within the site.
Provisions relating to firewater containment basins (Art. 26 bis)
  • Internal containment devices prohibited where hazardous materials exceed 2 m³.
  • Containment volume determined taking into account:
    • the volume of firefighting water required;
    • the volume of product released by the fire;
    • the volume of water from weather events (external containment).

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Provisions regarding electricity generation equipment using photovoltaic energy

New provisions are defined for photovoltaic equipment installations notified to the prefect starting September 1, 2022 (protection of cables near firewalls, compliance of storage batteries, emergency shut-offs).

General risk management provisions

When planned changes to the facility alter the content of the hazard study and are likely to render it inadequate, a revision or update of the hazard study must be initiated. This process must be formalized in a notice.

The operator shall provide or maintain constant access to utilities that allow the facilities to operate within their safety limits, or that are necessary to power safety barriers or risk control measures contributing to the securing or emergency shutdown of the facilities.

For facilities where the complete authorization application was submitted before September 1, 2022, the work identified as necessary for compliance with the provisions of this article must be completed by January 1, 2026.

General operational control provisions

  • Maintaining an up-to-date network plan: water supply points, location of shut-off valves on piping, retention and firewater containment facilities, and the layout of shut-off devices.
  • Regarding electrical installations:
    • In facility areas identified as potential sources of fire or explosion, there must be a clearly marked central switch or emergency stop, indicated on a plan.

This provision applies only to facilities for which the complete authorization application was submitted after September 1, 2022.

    • Compliance of rooms housing transformers when they are attached to or located inside high-risk areas: ventilation, 2-hour fire-rated walls and doors, equipped with door closers.

This provision applies only to facilities for which the complete authorization application was submitted after September 1, 2022.

  • Emergency situations and response resources:
    • Definition of procedures for maintaining facility safety in the event of failure of fire-fighting equipment and resources.
    • When an Internal Emergency Plan (POI) is required by the prefectural decree, this plan must contain the information required for a Seveso establishment's POI, with the exception of certain elements (provisions for conducting initial environmental sampling, and resources and methods planned for environmental restoration and cleanup following a major accident).

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

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

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

  • Establishment of variation ranges for parameters that determine operational safety, with the implementation of alarms where necessary;
  • Informing relevant personnel of deviations in operating parameters from normal operating conditions.

For facilities already in regular operation or for which the complete authorization application was submitted before September 1, 2022, the work identified as necessary for compliance with these provisions must be completed by July 1, 2027.

  • Protecting facility control rooms, as well as control and data processing devices, against the effects of accidents identified in the hazard study that could impact them.

For facilities regularly commissioned or for which the complete authorization application was submitted before September 1, 2022, the work identified as necessary for compliance with these provisions must be completed by July 1, 2027.

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

For facilities for which the complete authorization application was submitted before September 1, 2022, the work identified as necessary for compliance with these provisions must be completed by September 1, 2026.

Another order dated February 28, 2022 amended the general requirements applicable to authorized classified installations regarding chronic emissions, as defined by the order of February 2, 1998, concerning water withdrawal and consumption, as well as emissions of all kinds from classified installations for environmental protection subject to authorization.

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