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Decree Of 17 October 2007 Amending The Order Of August 24, 1998 As Amended Relating To The General Requirements Applicable To Facilities Subject To Declaration Under The Heading No. 1414 (Installations For Filling Or Gas...

Original Language Title: Arrêté du 17 octobre 2007 modifiant l'arrêté du 24 août 1998 modifié relatif aux prescriptions générales applicables aux installations soumises à déclaration sous la rubrique n° 1414 (Installations de remplissage ou de distribution de gaz ...

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JORF n°269 of 20 November 2007 page 18934
text No. 4



Decree of 17 October 2007 amending the amended decision of 24 August 1998 relating to the general requirements for facilities subject to declaration under heading 1414 (Installations for filling or distribution of liquefied flammable gases) and the amended decision of 7 January 2003 relating to the general requirements for installations classified under headings 1434 (Installation of filling or distribution of flammable liquids)

NOR: DEVP0763131A ELI: https://www.legifrance.gouv.fr/eli/arrete/2007/10/17/DEVP0763131A/jo/texte


Minister of State, Minister of Ecology, Development and Sustainable Development,
Considering the environmental code, including articles L. 512-10, L. 512-11 and R. 512-55 to R. 512-60;
Considering the Order of 8 December 1995 on the Control of Volatile Organic Compound Emissions resulting from the storage of gasoline and the distribution of terminals to service stations;
Having regard to the decision of 22 June 1998 on buried tanks of flammable liquids and their associated equipment;
Considering the amended decision of 24 August 1998 on the general requirements for facilities classified for the protection of the environment under the heading No. 1414 (Liquefied flammable gas filling or distribution facilities);
Considering the 17 May 2001 decision on the reduction of emissions of volatile organic compounds related to the gasoline supply of motor vehicles in gasoline stations with a gasoline flow rate of between 500 and 3,000 cubic metres per year;
Considering the amended decision of 7 January 2003 on the general requirements for classified facilities under headings 1434 (Installation of filling or distribution of flammable liquids) and/or No. 1413 (Installation of distribution of natural gas or biogas) of the nomenclature of classified facilities;
In the light of the opinion of the Superior Council of Facilities classified on 3 July 2007,
Stop it!

Article 1


It is added to Appendix I to the decision of 7 January 2003 referred to a point 1.9 as follows:



"1.9. Periodic inspection


Facilities reported after March 18, 2007 under heading No. 1413 of the nomenclature of classified facilities and facilities reported after August 3, 2003 under heading No. 1434 are subject to periodic inspection by approved bodies under the conditions defined by Articles R. 512-55 to R. 512-60 of the Environmental Code.
The purpose of these controls is to verify the conformity of the installation to the requirements listed in Annex VI, which may be amended by prefectural order, when applicable to it.
The operator retains the inspection report that the registered agency addresses in the "categorized facilities set out in item 1.4. If the report discloses non-compliance with the control provisions, the operator shall carry out the corrective actions necessary to remedy them. These actions and their implementation dates are formalized and retained in the above-mentioned file. »
An annex VI to the above-mentioned decision of 7 January 2003 is added to Schedule I to this Order.

Article 2


It is added to Appendix I to the decision of 24 August 1998 referred to a point 1.8 as follows:



" 1.8. Periodic inspection


The facilities reported after 1 October 1998 under heading No. 1414 are subject to periodic inspection by approved bodies under the conditions defined in Articles R. 512-55 to R. 512-60 of the Environmental Code.
The purpose of these controls is to verify the conformity of the installation with the requirements listed in Annex III, possibly amended by prefectural order, when applicable to it.
The operator retains the inspection report that the registered agency addresses in the "categorized facilities set out in item 1.4. If the report discloses non-compliance with the control provisions, the operator shall carry out the corrective actions necessary to remedy them. These actions and their implementation dates are formalized and retained in the above-mentioned file. »
An annex III to the above-mentioned decision of 24 August 1998 is added to Schedule II to this Order.

Article 3


The Director of Pollution Prevention and Risk is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Annex



A N N E X E I
« A N N E X E V I
REQUIREMENTS FOR OBJECT
PERIODIC CONTROL


The control set out in item 1.9 of Schedule I shall include the following provisions (the points mentioned refer to Appendix I):


1. General provisions
1.4. File installation classified


"The operator must establish and maintain a record with the following documents:
- the declaration file;
- the receipt of declaration and general requirements;
- prefectural orders relating to the facility concerned, under the law relating to facilities classified for environmental protection, if any.
Subject of control:
- presentation of the receipt of the declaration and general requirements;
- presentation of prefectural orders relating to the installation, if any.


2. Implantation, development
2.1. Implementing rules


"The compression, storage and distribution of natural gas or biogas shall not be located on the ground floor or basement of a building inhabited or occupied by third parties.
The following distance distance distances, measured from the walls of the distribution device (or filling) nearest to the establishments listed below, shall be observed at:
- 5 meters from the exits or openings of the administrative or technical premises of the facility.
This distance may, in the case of "2-stroke" fuel distribution devices, be reduced to 2 metres; with the obligation of a rear emergency exit (facing of the building opposite to the distribution or filling apparatus) or lateral allowing the evacuation of the public, without exposure to any thermal flux in the event of a fire;
- 5 metres from the boundaries of the public highway and the boundaries of the establishment;
This distance can be reduced to 1.5 metres on one side, when the limit is made by a firewall of 2 hours of 2.5 metres high or when the flammable liquids distributed belong to the second category.
For the distribution of natural gas or biogas, the distance from the boundaries of the facility is equal to the length of the increased hose of 2 metres.
Storages of liquefied fuel cylinders comply with the following minimum conditions of removal from the walls of the distribution or filling apparatus:
- 6 meters, if the capacity of the bottle deposit is not more than 15,000 kilograms;
- 7.5 and a half meters for a deposit capacity greater than 15,000 kilograms.
For natural gas and biogas compression and storage facilities, the following distances must be respected:
- 6 meters between the storage of natural gas or biogas and the storage of other fuels;
- 5 meters between the storage of natural gas or biogas and the distributor of fuels;
- 3 meters between the storage of natural gas or biogas and the opening of the building closest to the site;
- 3 meters between the compressor and the opening of the building closest to the site.
Subject of control:
- respect for distance distances and presentation of a proof of conformity of the firewall when reduced.


2.3. Prohibition of residential or third-party premises
or inhabited above and below the facility


"The installation must not be overcome or overcame from premises inhabited or occupied by third parties.
Subject of control:
- the installation is not overcame and does not surmount any premises inhabited or occupied by third parties.


2.7. Electrical installations


"The electrical installation will include a general cut-off device to interrupt, in the event of a false manoeuvre, an incident or non-observance of the safety instructions, the entire electrical circuit with the exception of emergency lighting systems not likely to cause an explosion, and to obtain the total stop of the fuel distribution. A test of the correct operation of the general cut-off device will be carried out at least once a year.
Subject of control:
- presence of a general cut-off device;
- presentation of the proof of completion of the annual test of good operation.


2.9. Retention of work areas and premises


"Except for the store and the annexed reserve space, the soil of areas and premises for the storage or handling of hazardous materials for the human being or likely to create pollution of water or soil shall be equipped so that it can collect washwater and diffuse materials accidentally; a device, which prevents the spread of materials outside or in other areas or premises, will be provided.
Subject of control:
- presence of a device preventing the spread of hazardous materials accidentally spread.


3. Operation, maintenance
3.8. Surveillance of security equipment
Natural Gas and Biogas


"Under the operator's responsibility, the proper operation of all safety equipment must be subject to an annual audit.
Subject of control:
- submission of an annual audit supporting document.


4. Risks
4.2. Fire relief means


"In general, the facility must be equipped with appropriate fire-relief means at risk and at least protected as follows:
- a device to remind third parties at any time of the safety instructions and the conduct to be held in case of danger or incident, if necessary through one or more speakers;
- for each distribution islet, an extinguisher approved 233 B.
For the distribution area of service stations and close to the filling mouths of tanks from the stations delivering flammable liquids:
- an incombustible absorbent product reserve of a quantity greater than or equal to 100 litres;
- the means necessary for its implementation;
- a device to shelter absorbent products from the weather.
For each technical room, an extinguisher approved 233 B.
For the storage of goods and the basement, an approved extinguisher 21 A-144 B 1 or an approved extinguisher 21 A-233 B and C.
For the electric panel, a carbon dioxide extinguisher (2 kilograms) or an ABC powder extinguisher.
For installations distributing natural gas or biogas, a suitable extinguisher is located close to the compression group.
The gas supply valve above the compression system must be manually closed. It is easy access for the person in charge of monitoring, emergency services and the gas supplier.
Regularly and at least once a year, all devices will be maintained by a competent technician and their proper operation verified.
Subject of control:
- the presence of fire emergency means;
- accessibility of the gas supply valve;
- submission of annual maintenance and audit reports.


4.3. Risk location


"The operator shall identify and report by a conventional panel, under its responsibility, the parts of the facility that, because of the qualitative and quantitative characteristics of the material being implemented, stored, used or produced, are likely to cause a disaster that may have direct or indirect consequences on the environment, public safety or the maintenance of the facility.
Subject of control:
- presentation of the census document;
- presence of the corresponding panels.


4.7. Safety signs


"Without prejudice to the provisions of the Labour Code, instructions specifying the terms and conditions for the application of the provisions of this Order must be established, kept up to date and brought to the attention of staff in places frequented by staff. These instructions should include:
- the prohibition to bring fire in any form in the parts of the installation referred to in paragraph 4.3. "fire" and "explosive atmospheres";
- the obligation of the "prevention plan" for the parts of the facility referred to in 4.3;
- emergency shutdown and installation safety procedures (electricity, fluid networks)
- measures to be taken in the event of leakage on a container or pipeline containing dangerous substances, including the conditions of release provided for in 5.7;
- the precautions to be taken with the use and storage of incompatible products;
- means of extinction to be used in the event of a fire;
- the alert procedure with the telephone numbers of the facility's response officer, fire and rescue services, etc.
Subject of control:
- display of instructions in places frequented by staff.


4.9. Equipment development and construction
distribution and filling
4.9.3. Flexible


"The hoses are maintained in good condition.
The hoses are replaced no later than six years after their manufacturing date.
As part of a distribution of natural gas or biogas, the length of the hose must be less than 5 metres, this length may be increased to 8 metres in the case of heavy-duty vehicle feed by specially trained personnel.
As part of a distribution of natural gas or biogas open to the public, the presence of a pictogram informing the user of the distribution device of the type of screw that his vehicle must possess.
Subject of control:
- condition and date of replacement of hoses;
- length of natural gas or biogas distribution hoses as well as a staff training justification for heavy-duty vehicles;
- presence of the pictogram as part of a distribution of natural gas or biogas.


4.10. Tanks and pipes
4.10.1. Air storage cases
of flammable liquids


"The permanent use of portable tanks for fixed storage purposes is prohibited.
As part of an aerial storage of flammable liquids that may create pollution of water or soil, the retention volume shall be at least equal to the largest of the following two values:
100% of the capacity of the largest tank;
50% of the overall capacity of the associated tanks.
When the storage is made exclusively of receptacles of unit capacity less than or equal to 250 litres allowed for transport, the minimum volume of retention shall be at least equal to:
50% of the total capacity of the receptacles in the case of flammable liquids, with the exception of lubricants;
20% of the total capacity of the receptacles in other cases.
In all cases, the retention volume is at least 800 litres or equal to the total capacity when it is less than 800 litres.
Fixed tanks are equipped with level gauges.
Subject of control:
- absence of permanent fixed storage in mobile tanks;
- sufficient volume of retention;
- presence of level gauges on tanks.


4.10.2. Cases of buried storage
of flammable liquids


"The buried tanks and associated buried pipes will be subject to the provisions of the June 22, 1998 Order relating to buried tanks of flammable liquids and their associated equipment.
Subject of control:
For tanks type "double wall:
- presence of devices to know the volume contained;
- presence of leak detection systems between the two walls automatically triggering an optical and acoustic alarm.
For tanks of type "simple wall (authorized until December 31, 2010):
- presence of devices to know the volume contained;
- presentation of a proof of the leakage control carried out every five years by an approved body (first control fifteen years after the first commissioning of the tank).
For tanks of type "simple wall in pit:
- presence of devices to know the volume contained;
- presentation of a proof of leakage control conducted every five years by an approved body (first control twenty-five years after the first commissioning of the tank);
- presence of a look to detect a possible presence of liquid at the bottom of the pit.
For tanks of type "simple stratified wall (authorised until December 31, 2020):
- presence of devices to know the volume contained;
- presentation of a proof of leakage control conducted every five years by an approved body.


Article 8 of the Decree of 22 June 1998


"[...] this device [automatically interrupting the filling of the tank when the maximum level of use is reached] shall be in accordance with NFM 88-502 or any other standard of a Member State of the European Economic Area recognized as equivalent.
Subject of control:
- presence of a plate on the filling mouths specifying the existence and conformity of the device.


Article 9 of the Decree of 22 June 1998


"[...] the vents have an upward direction and their holes lead to free air in a place visible from the delivery point, at least 4 meters above the parking area of the delivery vehicle.
Subject of control:
- verification of the location of the vents.


Article 10 of the Decree of 22 June 1998


"Each tank must be equipped with a device to know at any time the volume of the liquid contained. This device is independent of the filling limiter.
Subject of control:
- presence and independence of the volume control device for each tank.


Article 13 of the Decree of 22 June 1998


"A degassing and cleaning of the tank are carried out before the watertight check.
Subject of control:
- presentation of the degassing/cleaning certificate.


5. Water
5.10. Storage, filling or distribution areas


"The liquids collected are processed by means of a hydrocarbon decanter with an automatic shut-off device.
The oil-separator cleaning data sheets and the compliance certificate to the current standard are made available to the inspector of classified facilities.
Subject of control:
- presence of the decanter-separator;
- presentation of cleaning follow-up sheets and the decanter's compliance certificate.


6. Air, odours
6.1. Steam recovery


"(a) Cases of loading and unloading of tanks submitted to the Order of 8 December 1995 on the control of emissions of volatile organic compounds resulting from the storage of gasoline and its distribution of terminals to service stations.
Steam recovery must be carried out according to the provisions of the Order of 8 December 1995 on the control of emissions of volatile organic compounds resulting from the storage of gasoline and its distribution of terminals to service stations.


Article 16 of the Order of 8 December 1995


"When the gasoline discharge of a transport tank in the storage facilities of the gasoline stations, the vapours generated by the displacement of the gasoline shall be returned to the transport tank by means of a steam-tight connection hose.
During this operation, a device must be put in place so that these vapours do not escape by the vent of the storage tank of the gas station.
Subject of control:
- the presence of a vapour evacuation mouth for petrols intended to be connected to the transport tank;
- presence of vents for species that do not lead to the atmosphere.
"(b) Cases of supply of motor vehicles subject to Decree No. 2001-349 of 18 April 2001 and in the two amended decrees of 17 May 2001 (1 and 2) relating to the reduction of emissions of volatile organic compounds related to the fuelling of motor vehicles in petrol stations:
Steam recovery shall be carried out according to the provisions of Decree No. 2001-349 of 18 April 2001 and in the two decrees of 17 May 2001 (1 and 2) relating to the reduction of emissions of volatile organic compounds related to the gasoline supply of motor vehicles at service stations.
"For the distribution and storage of superethanol, flame arrests must be systematically provided at all points where an explosion transmission to the tanks is possible.
All flame arresters of the vapour recovery circuit, for the distribution and storage of superethanol, must comply with EN 12874 of January 2001 or any equivalent standard in force in the European Community, the European Economic Area and Turkey.
Subject of control:
- presence of flame arrests;
- submission of proof of compliance with EN 12874.


Article 2 of the Order of 17 May 2001


"The vapour recovery systems must be made up of four types of equipment including:
- a filling pistol whose depression system is open to the atmosphere;
- a coaxial-type hose or equivalent guarantees to convey both gasoline and steam;
- a depressing organ to assist the aspiration of the vapours of the tank of the vehicle to transfer them to the tank of the gas station.
Subject of control:
- presence of a filling pistol whose depression system is open to the atmosphere;
- presence of a coaxial type hose or equivalent guarantees;
- presence of vapour suction pumps.


Article 9 of the Order of 17 May 2001


"The operator shall ensure the proper operation of its installation and shall, prior to the commissioning of the steam recovery system, after any repair of the system and at least once every two years, carry out on-site inspection by a competent and independent body, in accordance with the provisions of Appendix II.
Subject of control:
- presentation of the last installation control certificate.


7. Waste
7.2. Circuit controls


"The operator is bound to the registry, waste disposal declaration and monitoring slip obligations under the conditions set by the regulations.
Subject of control:
- submission of records for the disposal of wastes and tracking slips. »


A N N E X E I
"A N E X E I I I
REQUIREMENTS FOR OBJECT
PERIODIC CONTROL


The control set out in item 1.8 of Schedule I shall include the following provisions (the points mentioned refer to Appendix I):


1. General provisions
1.4. File installation classified


"The operator must establish and maintain a record with the following documents:
- the declaration file;
- the receipt of declaration and general requirements;
- prefectural orders relating to the facility concerned, under the law relating to facilities classified for environmental protection, if any.
Subject of control:
- presentation of the receipt of the declaration and general requirements;
- presentation of prefectural orders relating to the installation, if any.


2. Implantation, development
2.1. Implementing rules


"The installation must be installed in such a way that there is a distance of at least 9 meters between the walls of the distribution apparatus and the limits of ownership. This minimum distance is reduced to 5 metres from a public communication channel.
The following minimum distances, measured from the walls of the distribution apparatus, shall also be observed:
- 7 meters from an establishment receiving the public from the fifth class (sale store dependent on installation);
- 5 meters from the exits or openings of the administrative or technical premises of the facility;
- 5 meters from the walls of the liquid hydrocarbon distribution apparatus.
However, this distance is not required if the following conditions are met:
- the hydraulic parts of the liquefied flammable gas and liquid hydrocarbon distribution apparatus are separated by a metal partition;
- the simultaneous distribution of liquid hydrocarbons and liquefied flammable gas on the same side of the islet as defined in point 2.11 is impossible;
- 5 meters from the storage areas of liquefied flammable gas cylinders;
- 9 meters of filling mouths, vents and walls of an air tank of liquid hydrocarbon;
- 5 meters of the filling mouths and vents of a tank buried with hydrocarbon;
- 9 meters of the filling mouths, free air vents of valves and walls of an air tank of liquefied flammable gas;
- 5 meters from the filling mouths and free air vents of the valves of a buried tank or liquefied flammable gas subtalus.
Subject of control:
- respect for distances.


2.3. Prohibition of dwellings above facilities


"The installation must not be overcome by premises occupied by third parties or inhabited.
Subject of control:
- the installation is not surmounted by premises occupied by third parties or inhabited.


2.11. Development and construction
of distribution devices


"The tracks, channels and parking areas of vehicles or vessels waiting for filling are arranged so that vehicles or boats can evolve in advance. Tracks and access channels must not be stale.
However, when the space available in the deadlock does not allow the trolleys to evolve exclusively before, before and after the filling operation, the stale access paths are allowed for the private distribution apparatus supplying the touring trolleys of the establishment under the conditions that:
- the distribution device is not placed in the trolley's operating axis;
- a mechanical device on the ground (rail, concrete beans, plots, etc.), insurmountable transversely by the trolley, guides the access to the distribution unit on the backwalk exclusively, so that the trolley evolves parallel to it when it reaches the filling area;
- stops are implanted.
Subject of control:
- control of the development and construction of the distribution apparatus.


3. Operation, maintenance
3.2. Access control


"Unless in the case of a free operation, the use of liquefied flammable gas distribution devices must be provided by an operating agent.
The nautical distribution of liquefied flammable gases in free service is prohibited.
Case of a free operation:
When the station is opened, the vehicle user is allowed to fill the vehicle tank itself. However, an operating agent must be able to intervene quickly in the event of an alarm. In the absence of operating personnel, free service is prohibited.
Subject of control:
- the use of liquefied flammable gas distribution devices shall be ensured by an operating agent (except for free operation);
- the nautical distribution of liquefied flammable gases in free service is prohibited.
Purpose of control in the event of a free operation:
- possibility of an operation officer in the event of an alarm;
- presence of a device to alert the operating agent (in the absence of operating personnel).


4. Risks
4.2. Fire relief means


"The facility must be equipped with fire-relief means appropriate to the hazards and conform to the standards in force, including:
- two NF M1 H 21 A-233 B and C multi-purpose powder extinguishers located less than 20 metres from the distribution apparatus, for each group of devices with one to three devices.
- a way to alert fire and rescue services.
Subject of control:
- presence and accessibility of devices.


4.3. Risk location


"The operator shall identify, under its responsibility, the parts of the facility in which explosive atmospheres are likely to occur within the meaning of regulations or atmospheres that may increase the risk of fire.
This risk is reported.
In particular, the volume delimited horizontally by the five-metre perimeter (eight metres in the case of the nautical distribution) of the walls of each distribution device and vertically by the ground (respectively the water level, especially under pontoon) and by a plan located one meter above the crankcase containing the hydraulic part of the distribution device must be part of the census of the parts of the explosive atmosphere facility.
Subject of control:
- presentation of the census document;
- signage of the signal risk.


4.7. Safety signs


"The requirements to be observed by the customer of the installation will be displayed either in legible characters or by means of pictograms at the distribution device level. They will include:
- the safety instructions to be followed in the event of an abnormal situation;
- the ban on smoking;
- the prohibition of using cell phones;
- the obligation to stop the engine and cut off the contact of the vehicle;
- the ban on filling mobile tanks;
- the ban on filling the vehicle itself.
Case of a free operation:
With the exception of the last drawer, the same security instructions to be observed by the customer will be displayed.
Subject of control:
- display of safety instructions.


4.8. Operating conditions


"Operations involving dangerous manipulations and the conduct of installations (starting and stopping, normal operation, maintenance, etc.) must be subject to written operating instructions. These instructions include:
- the operating modes;
- the frequency of control of the safety and treatment devices generated;
- maintenance and cleaning instructions.
Operating instructions include the requirement for the operating agent, before closing the station, to cut the general power supply of the station or all of the facilities intended for the distribution of the liquefied flammable gas (safety) and to close the isolation valves of the storage tank(s) relative to the distribution facility.
Subject of control:
- presentation of operating instructions. »


Done in Paris, October 17, 2007.


For the Minister and by delegation:

The Director of Prevention

pollution and risk,

Major Risk Delegate,

L. Michel


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