Reinforcement of storage requirements for flammable liquids subject to registration and declaration regimes

Since January 2022, two decrees have tightened the rules on the storage of flammable liquids for ICPEs with declaration or registration status, as part of the post-Lubrizol plan.

Fabien Gélisse
EHS Consultant
Update : 
12.09.2025
Publication: 
28.12.2021
Contents
Example H2
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Two decrees dated September 22, 2021 have radically altered the requirements for the storage of flammable liquids within classified facilities falling under the declaration or registration regime.

These changes are a further component of the "post-Lubrizol" plan, following on from the changes made to the requirements for storing flammable liquids in classified facilities under the authorization regime, and the changes made to the requirements for storage in warehouses.

The two amended prescriptions are as follows:

  • Arrêté ministériel du 1er juin 2015 relatif aux prescriptions générales applicables aux installations relevant du régime de l'enregistrement au titre de l'une au moins des rubriques 4331 ou 4734 de la nomenclature des installations classées pour la protection de l'environnement : " AMPG enregistrement " ;
  • Arrêté ministériel du 22 décembre 2008 relatif aux prescriptions générales applicables aux installations classées soumises à déclaration sous l'une ou plusieurs des rubriques nos 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747 ou 4748, ou pour le pétrole brut sous l'une ou plusieurs des rubriques nos 4510 ou 4511 : " AMPG déclaration ".

They are therefore consistent with the texts applicable to the authorization system, in particular for storage in mobile containers, while ensuring a proportionate approach for these less restrictive systems.

The changes come into force on January1, 2022, with adapted compliance deadlines for existing facilities.

To which storage facilities do these "flammable liquids" decrees apply?

The "registration" AMPG applies to all flammable liquid storage facilities within a classified installation subject to registration under headings 4331 and/or 4734, whether in fixed above-ground or underground tanks, or in mobile containers.

Note: on June1, 2015, when heading no. 4331 came into force (replacing heading 1432), including a registration system, many facilities previously classified under the authorization system for heading no. 1432 saw their classification under heading no. 4331 changed to the registration system. At the time of this changeover, operators of these facilities had a number of options open to them:

  • Continue to comply fully with the decree of October 3, 2010 relative au stockage en réservoirs aériens manufacturés de liquides inflammables, exploités au sein d'une installation classée pour la protection de l'environnement soumise à autorisation
  • Full compliance with AMPG registration
  • Or opt for combined compliance with these two decrees (articles 14, 44 to 52, 58 and 59 of the decree in place of the provisions of articles 43 to 50 of the decree of October 3, 2010).

This choice is still possible. Operators are now required to inform the prefect of this choice before January1, 2023.

The "declaration" AMPG applies to all flammable liquid storage facilities within a classified installation subject to the declaration regime under at least one of the headings 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747 or 4748, or for crude oil under one or more of the headings 4510 or 4511, whether in fixed above-ground or underground tanks, or in mobile containers.

These two orders are no longer applicable:

  • Fixed above-ground storage tanks subject to the Order of October 3, 2010 on the storage of flammable liquids in manufactured above-ground tanks, operated within a facility classified for environmental protection and subject to authorization,
  • Storage in mobile containers subject to the Order of September 24, 2020 on the storage of flammable liquids in mobile containers, operated within a facility classified for environmental protection and subject to authorization.

Reinforcement of layout provisions and storage conditions

Fire prevention and fire-fighting requirements

The main changes in the orders concern :

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*Control points for installations subject to declaration

*Detailed inventory of stored materials

Note: the dates given in this table apply to plants existing on January1, 2022. Facilities declared or registered after this date must apply all the requirements of the decrees at the time of commissioning.

Requirements for storage in mobile containers

The two decrees introduce bans on storage in meltable containers (i.e. likely to melt under the effect of a fire) from 2024 or 2027, depending on the category of flammable liquids (hazard property H224 or H225) and the volume of their containers.

These prohibitions do not apply to :

  • Storage of one mobile container or a group of mobile containers with a total volume not exceeding 2m3 in a dedicated storage cabinet, provided that the cabinet is REI 120, has a retention chamber with a volume at least equal to the total capacity of the containers, and is equipped with leak detection;
  • Storage facilities equipped with suitable fire protection systems, the sizing of which has been tested in accordance with a protocol recognized by the Ministry responsible for classified installations.

Other provisions have also been added:

  • More stringent requirements in terms of fire detection and remote surveillance or guarding of facilities for outdoor storage in mobile containers over 10 m³: applicable from January1, 2026.
  • Reinforcement of retention requirements. In particular, retentions will have to take into account the entire volume of fusible containers.
  • Specific provisions for storage in mobile containers in buildings: fire detection, automatic extinguishing, cell and storage sizing
  • Specific provisions for outdoor mobile container storage: layout, fire detection, fire-fighting resources, storage sizing, etc.

Conclusion

As part of the Lubrizol action plan, regulations applicable to the storage of flammable liquids have been significantly tightened.

We recommend :

  • Define the administrative status of your site with regard to its classification under the "flammable liquids" headings: Which regime (declaration, registration or authorization)? What is the date of the first administrative act classifying the site under these headings, in order to determine the applicability of prescriptions based on this anteriority?
  • List the flammable liquid storage facilities on your site and categorize them by type: fixed above-ground or buried tanks, mobile containers, and identify the applicable regulations for each.

The "flammable liquids" reading guide needs to be supplemented to provide details on how to apply these two texts.

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