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One year after the Lubrizol accident, regulations concerning industrial risk prevention and accident management have been strengthened.
This development is part of the government's Lubrizol action plan, which aims to draw lessons from the major accident that occurred on September 26, 2019, in Rouen.
We propose to present the main measures impacting the Seveso establishments and that operators of these sites must take into account.
Developments concerning the operations plan
Expansion of scope
The Internal Operations Plan (IOP) becomes mandatory for lower-tier Seveso establishments starting January 1, 2023.
For these establishments, the IOP is tested at intervals not exceeding three years and, if necessary, updated.
Content and testing frequency of IOPs
The content of IOPs for Seveso establishments is now specified, particularly regarding:
- the means and methods planned for environmental restoration and cleanup after a major accident;
- provisions ensuring the availability of equipment to conduct initial environmental sampling and analysis in the event of a major accident.
This content applies to IOP updates carried out from January 1, 2022.
For upper-tier Seveso establishments, IOPs must now be tested annually instead of every 3 years. However, updates remain mandatory at least every 3 years.
Risk training and incident and accident management
All operators and personnel must be trained on the risks of the facilities, the procedures to follow in case of incident or accident, and, if applicable, on implementing the site's specific emergency response measures.
This training also applies to personnel from external companies.
Changes to certain frequencies introduced by the Lubrizol action plan
The frequencies for the following actions have been specified:
- inventory of hazardous substances, preparations, or mixtures at facilities by operators
- preparation, review, and, where applicable, updating of the hazard study (*)
- review and update of the major accident prevention policy
- making information available to the public regarding potential major accidents.
(*) note: only applies to 'upper-tier Seveso' classified sites
Hazard Studies for Seveso Sites
New information to be included in the hazard study
Starting in 2023, hazard studies must mention the types of decomposition products likely to be emitted in the event of a significant fire. Contributions attributable to storage conditions and locations (containers, buildings, etc.) must be included (where applicable). Products must be prioritized based on the quantities likely to be released and their toxicity to humans and the environment.
This list must be submitted to the prefect during the preparation, revision, or updating of a hazard study, and, when this study is subject to review, by June 30, 2025, at the latest.
Review of the Hazard Study
During this review, the operator must:
- consider proven and adapted technologies which, at an economically acceptable cost, could significantly improve risk control;
- prioritize these technologies particularly based on the probability, severity, and kinetics of potential accidents they help prevent, as well as the cost proportionate to the expected safety gain,
- decide on the selected technologies and specify their implementation timeline.
The hazard study review report, the summary of the technology inventory, and, where applicable, the revised hazard study must be submitted to the prefect. The prefect then determines whether the applicable requirements need to be updated by decree.
Substantial or significant modifications?
Modifications substantial are defined as:
- modifications that may have significant consequences in terms of major accident hazards;
- modifications resulting in a lower-tier Seveso establishment becoming an upper-tier Seveso establishment.
Significant modifications are considered to be all non-substantial modifications that meet the following conditions:
- any significant increase or decrease in the quantity or any significant change in the nature or physical form of the hazardous substance present, as inventoried by the operator, or any significant modification to the processes using it;
- modifications resulting in an upper-tier Seveso establishment becoming a lower-tier Seveso establishment.
Information made available to the public by the prefect
Following the Lubrizol action plan, this information is now defined.
Note: does not apply to certain classified installations under the Ministry of Defence.
This information includes, in particular, for all Seveso establishments: the operator's company name, the establishment's address, the common name or hazard category of the hazardous substances requiring the establishment's Seveso classification, adequate information on appropriate behaviour in the event of a major accident, details on how to obtain any relevant information, ...
Additional information is made available regarding upper-tier Seveso establishments. For example: general information on the nature of major accident hazards, a summary of the main types of major accident scenarios and associated hazard control measures, adequate information on the specific emergency plan established to combat potential off-site effects of an accident, ...
Conclusion
Major industrial accidents (Seveso, AZF, etc.) have often led to a strengthening of regulations. Industrial operators must therefore be vigilant in their monitoring to identify these changes.
As part of the Lubrizol action plan, operators of Seveso sites are particularly affected and must take into account the developments presented in this article in their management of accidental risks.
The regulatory changes following the Lubrizol lessons learned do not only concern Seveso sites. Similarly, fire prevention in warehouses storing combustible materials has also been significantly modified. We will come back to this soon.