Key Benefits:
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 Judgment of 21 June 2004 on the general requirements for classified facilities under heading 2564 on cleaning, degreasing, shifting of surfaces (metals, plastics...) by means of processes using organohalogen liquids or organic solvents;
In the light of the opinion of the Superior Council of Facilities classified on 3 July 2007,
Stop it!
It is added to Appendix I of the Judgment of June 21, 2004 referred to a point 1.8 as follows:
" 1.8. Periodic inspection
The installation is 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 IV, possibly amended by prefectural order, when applicable to it.
The operator retains the inspection report that the registered agency addresses in the file "Scheduled facilities under 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 IV to the above-mentioned decision of 21 June 2004 is added to the schedule to this Order.
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.
A N N E X E
« A N N E X E I V
PERFORMANCE
OF PERIODIC CONTROLS
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, taken under the law relating to facilities classified for the protection of the environment, if any;
- the results of the latest effluent and noise measurements.
Subject of control:
- presence of the receipt of declaration;
- presence of general requirements;
- presentation of prefectural orders relating to the installation, if any.
2. Implantation, development
2.1. Implementing rules
"The facility is located at a distance of at least 5 metres from the property limits. The durability of this distance shall be ensured by the operator.
Subject of control:
- distance between installation and ownership limits.
2.4. Fire behaviour of buildings
"The premises are equipped in part high with devices for the evacuation of smokes and combustion gases released in the event of fire (roof pavilions, facade openings or any other equivalent device). Manual opening controls are located near the access.
Subject of control:
- presence of smoke and combustion gas evacuation devices;
- positioning of manual opening controls near access.
2.6. Ventilation
"Without prejudice to the provisions of the Labour Code, the premises are properly ventilated to avoid any risk of formation of an explosive or toxic atmosphere.
Subject of control:
- presence of ventilation devices.
2.9. Retention of work areas and premises
"The soil of areas and premises for the storage or handling of hazardous materials for humans or likely to create pollution of water or soil is waterproof, incombustible and equipped so that they can collect wash water and diffuse materials accidentally; for this, a raised threshold relative to the ground level or any equivalent device separates them from the outside or from other areas or premises.
Subject of control:
- soil sealing (by visual examination: nature and absence of cracks);
- the capacity of local and local areas to collect water and widespread materials.
2.10. Retention bowls
"Any storage of liquid products that may create pollution of water or soil, such as solvents, is associated with a retention capacity of 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.
Fixed tanks are equipped with level gauges and for buried storage of filling limiters. Storage under the soil level is permitted only in masonate or assimilated pit tanks. The watertightness of the tanks is controlled.
When the storage is made exclusively of receptacles of unitary capacity less than or equal to 250 litres, allowed for transport, the minimum retention volume is equal to either the total capacity of the receptacles if that capacity is less than 800 litres, or 20% of the total capacity with a minimum of 800 litres if that capacity exceeds 800 litres, or 50% of the total capacity for flammable liquids, except for lubricants with a minimum of 800 litres.
The retention capacity must be watertight to the products it could contain and resist the physical and chemical action of the fluids. The same applies to the shut-off device that must be kept closed in normal conditions.
Containers or containers containing products that may react dangerously together shall not be associated with the same retention bowl.
Subject of control:
- presence of retention bowls;
- volume of retention capacity;
- for fixed tanks, presence of gauges;
- for buried storages, presence of filling limiters;
- storage conditions under the soil level (masoned or assimilated pit tanks);
- leakage of retention bowls (by visual examination: nature and absence of cracks);
- closed position of the shut-off device;
- presence of separate retention bowls for products that can react dangerously together.
2.11. Isolation of the collection network
"Applications must allow the shut-off of runoff water systems in the event of accidental pollution. A directive sets out the modalities for the implementation of these devices.
Subject of control:
- presence of shut-off systems of run-off drainage systems;
- presence of the directive defining the modalities for the implementation of these devices.
3. Operation, maintenance
3.3. Knowledge of products, labelling
"The operator must have at his disposal documents allowing him to know the nature and risks of dangerous products present in the facility, in particular the safety data sheets provided for in article R. 231-53 of the Labour Code.
The drums, tanks and other packagings shall bear in very legible characters the name of the products and, where appropriate, the hazard symbols in accordance with the labelling of hazardous substances and chemical preparations.
Subject of control:
- presence of security data sheets;
- presence and legibility of product names and hazard symbols on drums, tanks and packagings.
3.5. States of stockpiles of dangerous goods
"The operator must maintain a state of the nature and quantity of the hazardous products held, to which a general storage plan is attached. This condition is available for inspection of classified facilities and fire and rescue services.
The presence in workshops of hazardous or combustible materials is limited to the needs of the operation.
Subject of control:
- presence of the state of the stocks of dangerous goods;
- Conformity of stocks of hazardous products present on the day of stock control;
- presence of the hazardous product storage plan;
- absence of hazardous materials in workshops not necessary for operation.
4. Risks
4.2. Fire fighting means
"The facility is equipped with appropriate fire-fighting means at risk including:
- one or more fire appliances (flags, poles...) public or private, of which one implanted at the most of the risk, or water points, basins, tanks, etc., of a capacity related to the risk to be defended;
- extinguishers distributed inside the premises, on the outside areas and places with specific risks, close to the clearances, well visible and easily accessible. extinction agents are appropriate to the risks to be combated and compatible with the products stored;
- a means to alert fire and rescue services;
- facilities to facilitate fire and rescue services, with a description of the hazards for each location.
The premises containing fuel or flammable products are equipped with:
- a fire alarm system;
- armed fire valves;
- a reserve of absorbent products in quantity adapted to the risk, without being less than 100 litres and shovels.
These materials are maintained in good condition and verified at least once a year.
Subject of control:
- presence and installation of at least one fire unit (stamps, posts...);
- presence and location of at least one extinguisher;
- presence of a fire and rescue service alert;
- presence of local plans, with descriptions of the hazards associated.
In premises containing fuel or flammable products:
- presence of a fire alarm system;
- presence of armed fire faucets;
- presence of a reserve of absorbent products greater than 100 litres and shovels;
- submission of a proof of the annual audit of these materials.
4.3. Risk location
"The operator shall identify, 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 be at the origin of a disaster that may have direct or indirect consequences on the environment, public safety or the maintenance of the facility.
The operator determines for each part of the facility the nature of the risk (fire, explosive atmospheres or toxic emanations).
The operator must have a general plan of the workshops and storages indicating the different hazard areas associated with these risks.
Subject of control:
- presence of the workshop plan indicating the different areas of danger;
- presence of risk signalling in danger areas, in accordance with the plan indications.
4.7. Safety signs
"Without prejudice to the provisions of the Labour Code, instructions specifying the terms and conditions of application of the provisions of this Order shall be established, kept up-to-date and brought to the attention of the staff in the places frequented by that Order. 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 requirement of the "intervention permit" 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 institution's response officer, fire and rescue services, etc. (mandatory display);
- the modalities for the implementation of the isolation devices of the collection network, as provided for in paragraph 2.11;
- the obligation to inform the inspection of facilities classified in the event of an accident.
Subject of control:
Presence of instructions indicating:
- places of prohibition to bring fire;
- places of obligation of a "intervention permit;
- emergency shutdown and safety procedures of the facility;
- measures to be taken in case of leakage on a container or pipeline containing dangerous substances;
- the precautions to be taken with the use and storage of incompatible products;
- fire extinguishing means;
- the warning procedure;
- the modalities for the implementation of the isolation devices of the collection network.
4.8. Operating conditions
"Operations involving dangerous manipulations and the conduct of installations (starting and stopping, normal operation, maintenance...) must be subject to written operating instructions. These instructions include:
- the operating modes;
- the frequency of verification of the safety and treatment devices generated;
- maintenance and cleaning instructions;
- the conditions for the storage and storage of products and the limitation to the strict necessary of the quantities stored;
- the frequency of inspection of the sealing and attachment of the tanks, and of verification of the retention devices.
Subject of control:
Presence of instructions indicating:
- the operating modes;
- the frequency of verification of safety and treatment devices;
- maintenance and cleaning instructions;
- the conditions for the conservation and storage of products;
- the limitation to the strictly necessary quantities stored;
- the frequency of inspection of the sealing and attachment of the tanks, and of verification of the retention devices.
5. Water
5.1. Abductions
"Water sampling facilities in the natural environment are equipped with total water quantity measuring devices. These measures are regularly noted and the result is recorded and held at the disposal of the inspection of classified facilities.
The connection to a water table or the public drinking water distribution network is equipped with a device that prevents the return of water that can be polluted.
Subject of control:
- presence of the totalizing measuring device;
- presence of recordings of measurement surveys;
- presence of an anti-return device.
5.4. Measures of rejected volumes
"The amount of water released is measured day by day or, if not, measured from a water balance sheet, taking into account, in particular, the measurement of the amount of water taken from the public distribution network or in the natural environment.
Subject of control:
- presence of day-to-day measurements or evaluations based on a material assessment.
5.9. Operator monitoring of pollution released
"The operator sets up a monitoring program, adapted to the rejected fluxes, with the following parameters: pH, temperature, MES, DCO, DBO5, phenol index, hexavalent chromium, cyanides, AOX, arsenic and compounds, hydrocarbons, total metals.
A measurement of the concentrations of the different pollutants referred to in point 5.5 shall be carried out at the start of the facility and then at least every three years by an organization approved by the Minister responsible for classified facilities. These measurements are carried out on a representative sample of the operation on a day of the installation, consisting either by a continuous sampling of half an hour or by at least two instantaneous samplings spaced half an hour.
In the event that such a sample is not available, an assessment of the capacity of the treatment equipment to meet the limit values is carried out.
A flow measurement is also performed, or estimated from consumption, if it is greater than 10 m3/d.
The pollutants referred to in point 5.5 that are not likely to be issued by the facility are not subject to the periodic measures provided for in this item. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to verify the absence of such products from the facility.
Subject of control:
- presence of the monitoring programme;
- presence of the results of the measurements of the pollutants mentioned by an approved body or in the cases of anticipated impossibility, assessment of the capacity of the purification equipment to meet the applicable emission limit values;
- conformity of measurement results with applicable emission limit values;
- presence of measurements or flow assessment if it is greater than 10 m3/d;
Presence of the evidence that referenced pollutants not subject to periodic measurements are not issued by the facility.
6. Air, odours
6.1. Capture and purification of releases to the atmosphere
"Smoke, gas, dust or odours are equipped with devices to collect and channel emissions as much as possible. These devices, after purification of the gases collected as required, are equipped with obturable and accessible holes (conformed to the provisions of NF X44-052) for sampling for analysis or measurement.
Subject of control:
- presence of devices to collect and channel emissions;
- presence of obturable openings.
6.3. Operator monitoring
of pollution
"(a) General case:
I. - The operator shall establish a program to monitor the emission characteristics of the pollutants referred to in paragraph 6.2., adapted to the discharges.
A measurement of the discharged flow and concentration of pollutants is carried out, according to the standard methods in force, at least every three years. However, pollutants that are not likely to be issued by the facility are not subject to periodic measurements. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to attest to the absence of these pollutants in releases.
[...] In the event of an impossibility, related to activity or equipment, to perform a representative measure of discharges, an assessment of the operating conditions and capacities of the purification equipment to meet the limit values is carried out.
Subject of control:
- presence of the emission monitoring programme;
- presence of the results of the measurements made by the operator or the assessment of the capacity of the purification equipment to meet the applicable emission limit values;
- conformity of measurement results with applicable emission limit values;
- presence of the evidence that pollutants mentioned are not subject to periodic measurements are not issued by the facility.
"(b) Specific cases:
I. - When the solvent consumption of the facility is greater than one ton/year, the operator shall put in place a solvent management plan, including inputs and solvent outputs of the facility. This plan is held at the disposal of the inspection of classified facilities, as well as any supporting documentation regarding solvent consumption (invoices, supplier name...).
Subject of control:
- when solvent consumption exceeds one ton/year, presence of the management plan and solvent fuelling evidence.
"II. - Continuous monitoring of all VOCs' pipeline emissions excluding methane is performed if, on the entire facility, one of the following conditions is met:
- the maximum time flow in VOCs, excluding methane, expressed in total carbon, exceeds:
- 15 kg/h in the general case;
- 10 kg/h if VOC-loaded gas purification equipment is required to meet the pipeline emission limit values;
- the maximum VOC time flow excluding methane referred to in IV of paragraph 6.2. of this annex, or with a risk phrase R45, R46, R49, R60 or R61, or halogenated compounds with a risk phrase R40 or R68, exceeds 2 kg/h (in sum of the compounds).
However, in agreement with the prefect, this continuous monitoring can be replaced by the monitoring of a representative parameter, correlated to emissions. This correlation should be confirmed periodically by an emission measurement.
In other cases, instantaneous sampling is performed.
Subject of control:
- when the time flow in VOC exceeds the expected values, the establishment of a permanent monitoring of the channeled emissions or the presence of the monitoring statements of the representative parameter defined by the prefect (document to be provided);
- in other cases, presence of instantaneous sampling results;
- compliance with applicable emission limit values.
"III. - In the event that the VOC hourly flux referred to in IV of paragraph 6.2.b.2 of this annex or with R45, R46, R49, R60 or R61 risk phrases or the halogenated compounds labelled R40 or R68 exceeds 2 kg/h on the entire installation, periodic measurements of each VOC present will be carried out to establish a correlation between the measurement of the non-VOC compounds.
Subject of control:
- presence of periodic correlation measures;
or
- justification for an hourly flow less than 2 kg/h.
"V. - When the installation is equipped with an oxidator, compliance with the NOx, methane and CO emission limit values set out in paragraph III of point 6.2.b.2 shall be verified once a year by an approved body, in continuous and stable operation.
Subject of control:
- presence of the document attesting to the annual compliance verification by a registered organization.
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:
- presence of the registry.
7.3. Waste storage
"The quantity of waste stored on the site must not exceed the monthly capacity produced or in case of external processing a normal batch of shipment to the disposal facility.
Subject of control:
- quantity of waste on the site.
7.5. Hazardous wastes
"A register of hazardous waste products (nature, tonnage, disposal industry, etc.) is maintained. The operator must issue a tracking slip as soon as it delivers these waste to a third party and is in a position to justify its disposal. The supporting documents are kept for three years.
Subject of control:
- presence of the registry;
- presence of supporting documentation for disposal. »
Done in Paris, October 17, 2007.
For the Minister and by delegation:
The Director of Prevention
pollution and risk,
Major Risk Delegate,
L. Michel
