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A note dated November 24, 2016 (published at the end of December) sets out the new framework applicable to inspection missions carried out by the authorities, as regards inspection frequencies for classified facilities and equipment. It enables France to meet its obligations in terms of inspection frequencies under various European texts (Seveso 3 directive, REACH regulation...).
This note defines a multi-year programming plan for inspections carried out by the DREALs, DRIEEs, etc. It complements the inspection vademecum and national actions, which set thematic priorities each year (e.g. inspection of cooling towers, etc.). This decisive plan takes greater account of the relative importance of each facility, their level of risk in relation to the issues at stake, and the priorities for action defined at national level.
Nature and frequency of inspections for classified facilities
Inspection frequency depends on the type of site (Seveso, IED installations, etc.). The Ministry distinguishes between :
- Priority establishments, which must be inspected at least once a year,
- high-stakes establishments: inspections every 3 years,
- other establishments: inspection every 7 years.
IED: Industrial Emissions Directive
RSDE: Search for hazardous substances in water
VOC: volatile organic compounds
Examples (non-exhaustive list):
1/ Priority establishments
- Seveso high threshold plants
- Sites falling under headings 3120, 3130, 3140, 3210, 3430, 3450, 3510, 3520
- Sites housing facilities with significant atmospheric emissions: 300t/year or 50kg/h of nitrogen oxides, 150t/year or 15kg/h of dust.
- Sites housing facilities with significant discharges into water, for which an action plan and/or technico-economic study is underway as part of the RSDE action.
- Pig, cattle and poultry farms subject to authorization, where the quantity of nitrogen of animal origin spread per year is greater than 50 tonnes.
2/ High-stakes establishments
- Seveso Seuil Bas sites
- Other IED facilities not classified in the "priority facilities" category
- Plants whose annual emissions without air are above one of the following thresholds: Nitrogen oxides: 100 t/year, Total dust: 100 t/year, Non-methane VOCs: 30 t/year
- Establishments subject to authorization for which a notice has been issued mentioning the possibility of lethal effects affecting third parties
- Collective industrial wastewater treatment plants.
3/ Other plants
- Establishments subject to Authorization or Registration that do not meet the criteria defined for priority or high-risk establishments.
However, some inspection periods may be reduced or adjusted at regional level, depending on the results of previous inspections, the organization put in place by the operator, and its level of risk control.
Issues and follow-up
With this program and these visit objectives, the Ministry intends to comply with European provisions and play its part in environmental protection.
The proportion of unannounced inspections must represent 10% of the establishments inspected each year, regardless of their type of operation. These unannounced inspections can take the form of in-depth or one-off visits, or discharge checks by third-party laboratories in coordination with the Classified Installations Inspectorate.
Classified facility inspectors are responsible for monitoring facilities and ensuring compliance with the technical requirements imposed on operators. They also intervene in the event of complaints, accidents or incidents.
While the total number of inspection visits (20,000 visits in 2014) has fallen since 2006 (-34%), the number of in-depth inspection visits (10,000 visits in 2014) remains high, bolstering the inspection's in-depth work by targeting more of the issues at stake.
Source: Ministère de l'environnement, de l'énergie et de la mer: Inspection des installations classées - Bilan d'activité.
With 1,250 inspectors (full-time equivalents), an average of 20,000 inspections are carried out each year. Failure by an operator to comply with a formal notice to comply with regulations governing classified facilities can result in a variety of administrative sanctions: orders for the deposit of sums, administrative fines and penalty payments, compulsory work, suspension of activity, removal or closure, affixing of seals. Criminal sanctions may also be proposed to the Public Prosecutor.
Source: Ministère de l'environnement, de l'énergie et de la mer: Inspection des installations classées - Bilan d'activité.
It should be noted that in 12% of cases, inspection visits result in a formal notice. Compared with the number of plants in France subject to Authorization (nearly 50,000), the number of visits remains modest (20,000), but on average one visit out of 7 results in a formal notice being served on the plant operator.
Trends in inspections of classified facilities
For several years now (see graph above), the number of inspection visits has been falling, while the number of inspectors has remained stable overall.
Although the number of plants requiring authorization has fallen significantly over the past few years, the complexity of procedures, the scope of inspectors' work and growing monitoring and traceability obligations have led to a gradual reduction in the time spent on site by inspectors.
In recent years, the Ministry's determination to concentrate its resources on the "riskiest" establishments has led it to adopt a new approach to monitoring other establishments.
As a result, since 2010, certain ICPE-registered companies have been required to have a periodic inspection carried out by an approved body every 5 years (or every 10 years if they are ISO 14001 certified). The purpose of this inspection is to check the regulatory compliance of their installations.
In this way, the operator appoints, at its own expense, a body to monitor compliance with the regulations.
It should be noted that these bodies send the authorities a list of the sites they have inspected, enabling them to ensure that the companies in question are complying with this obligation. In addition, these same inspection bodies also send the authorities the list of sites and an extract from their report indicating major non-conformities when :
- the inspection body has not received the operator's compliance schedule within three months;
- the inspection body has not received a written request for further inspection from the operator within one year;
- the additional inspection revealed that major non-conformities persist.
Whether in the case of "high-risk" facilities monitored and inspected by the authorities at intervals of between 1 and 7 years, or in the case of other organizations where verification of regulatory compliance is delegated to a third-party body, the operator remains responsible for its impact on the environment (accidental spills, chronic pollution, etc.). As a result, penalties can be substantial
We believe that the management of an environmental policy should not be guided by these controls. It's not a question of having to endure and constantly reacting. Rather, it's about adopting a responsible approach, taking regulatory provisions (those that are relevant) as a support and source of improvement for prevention and environmental protection measures. By adopting a pragmatic and progressive approach, it is then possible to anticipate investments and improve environmental performance.