Major modification to the ICPE nomenclature

The classification of Installations Classified for Environmental Protection (ICPE) has changed to align with the CLP and Seveso 3 regulations.

Marie Faucon
Consultante HSE
Publication : 
06.11.2015
Table of Contents
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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This modification harmonizes the nomenclature of ICPE with the CLP regulation (Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures) and the SEVESO 3 Directive.

Some explanations on the evolution of ICPE

The deleted 1000 headings were based on the old classification of hazardous chemical products, while the 4000 headings correspond to the hazard properties determined by the CLP regulation.

Furthermore, classification under the 4000 headings is based on the "quantity likely to be present in the installation" without distinguishing between manufacturing, use, or storage activities. This quantity must be assessed by combining raw materials, work-in-progress (reactors, mixers, etc.), finished products, and waste (now expressly included), regardless of the forms of use and storage.

Not all 1000 headings have been deleted; 19 are currently in force. These are headings concerning:

  • hazardous materials not covered by the CLP regulation and the Seveso directive (e.g., Headings 15xx concerning combustible solids, Headings 17xx relating to radioactive substances)
  • specific activities involving hazardous products (e.g., Heading 1435 relating to service stations, Heading 1511 concerning refrigerated warehouses)

Among the 19 1000 headings, 2 are new and come into force on the 1st June 2015:

  • Heading 1421: Flammable aerosol filling installations
  • Heading 1436: Storage or use of combustible liquids with a flash point* between 60°C and 93°C

* Flash point: The temperature at which a product emits enough vapours to ignite.

Structure of the 4000 headings in the ICPE nomenclature

The 4000 headings are structured as follows:

Categories Definition & Aggregation Rule 4000 Definition and classification of hazardous substances and mixtures 4001 Seveso establishment by aggregation Classification categories based on generic hazardous properties 41xx Toxic 42xx Explosive 43xx Flammable (gases, aerosols, liquids) 44xx Self-reactive substances Organic peroxides Pyrophoric solids and liquids Oxidizing solids, liquids and gases 45xx Dangerous for the environment 46xx Other Seveso hazards (Reaction with water) Classification categories for named substances 47xx Named substances 4801 Coal, coke, lignite, charcoal, tar… 4802 Fluorinated greenhouse gases or ozone-depleting substances

Classification Methodology

As the categories have changed, the new classification must be determined ICPE for your company. To do so, we recommend following these steps:

  • Establish an inventory of hazardous substances and mixtures used/stored on your site(s), indicating the maximum quantities likely to be present and their hazard properties under the CLP regulation
  • Identify the categories 4000 corresponding to the hazardous substances and mixtures in question
  • Determine the ICPE classification regime under each category 4000 (unclassified, Declaration, Registration, Authorization, … SEVESO)

Grandfather Rights

Under the grandfathering rule (Article L. 513-1 & R. 513-1 to 2 of the Environmental Code), establishments subject to a change in ICPE regime following a modification of the nomenclature may continue to operate the existing installations concerned without having to complete the corresponding administrative procedures (Declaration, Registration, or Authorization), provided they inform the prefect of the situation within one year. These grandfather rights now also apply in the event of a change in ICPE regime resulting from an evolution in the hazard classification of products used or stored on site. In this case, the one-year period runs from the entry into force of the change in product classification, and not from the date of publication of the decree modifying the nomenclature.

The changes in ICPE regime that may result from the application of categories 4000 being linked to the entry into force of the new CLP product classification on 1st June 2015, operators therefore have until 1st June 2016 to notify the prefect of their new ICPE classification and assert their grandfather rights.

Conclusion

This new overhaul of the nomenclature ICPE, with its multiple administrative and regulatory implications, highlights the importance for companies to have an up-to-date inventory of their classified facilities in relation to the current headings.

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