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Decree Of 12 October 2011 On Facilities For Loading And Unloading Serving A Storage Of Flammable Liquids Subject To Authorisation Under The Heading 1434-2 Of The Law Of The Installations Classified For The Pro...

Original Language Title: Arrêté du 12 octobre 2011 relatif aux installations de chargement ou de déchargement desservant un stockage de liquides inflammables soumises à autorisation au titre de la rubrique 1434-2 de la législation des installations classées pour la pro...

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JORF n°0263 of 13 November 2011 page 19038
text No. 3



Order of 12 October 2011 on loading or unloading facilities serving the storage of flammable liquids subject to authorization under section 1434-2 of the legislation of facilities classified for environmental protection

NOR: DEVP1127666A ELI: https://www.legifrance.gouv.fr/eli/arrete/2011/10/12/DEVP1127666A/jo/texte


Public: companies involved.
Purpose: classified installations, flammable liquids, loading, unloading, risk.
Commencement: This Order comes into force partially as of January 1, 2012 for facilities whose application for authorization was made before July 1, 2012. Article 1 of this Order specifies the provisions for which a subsequent entry into force is provided. For facilities that have been filed on or after July 1, 2012, this Order comes into force in its entirety, with the exception of sections 4-1, paragraph 3, 4-2, 6 and 48-1, effective July 1, 2012.
Notice: This Order is part of a comprehensive re-engineering of all regulatory texts that relate to licensed flammable liquid storage facilities and the loading or unloading facilities associated with these storages. This approach has led to the development of two texts concerning the two types of facilities, respectively. The October 3, 2010 Storage Facilities Order was published in the Official Journal on November 16, 2010.
The main purpose of this text is to provide transportation equipment (camera, train, inland navigation vessel or ship) to be loaded from the storage of flammable liquids and facilities for the unloading of transport equipment that feed this storage.
The main issues related to these loading or unloading facilities are two:
accidental, due to the risks associated with the handling of flammable liquids;
chronically, loading operations are likely to release volatile organic compounds (VOCs), especially for high volatility products (those likely to generate the most vapours in which these compounds are present).
On accidental aspects, this text includes provisions for the prevention and detection of leakage, retention, maintenance of equipment, safety devices for the handling of equipment and training of stakeholders. It shall, in particular, update the provisions already applicable to the loading or unloading of petroleum products and extend them to the loading or unloading facilities of non-oil flammable liquids.
On the chronic aspects, the text provides provisions for the recovery and processing of VOCs generated during the loading of flammable liquids with high volatility, as long as the loading is carried out by land (road, rail or river) and the loads are greater than thresholds defined in the order. Thus, the text reproduces the provisions already applicable to gasoline loading or unloading facilities, pursuant to a directive of 20 December 1994, retranscribed by ministerial order of 8 December 1995. For flammable liquid loading facilities other than gasoline, the text adapts the generic requirements applicable to all facilities subject to authorization under the legislation of classified facilities, as set out by the Ministerial Order of 2 February 1998, by applying the provisions applicable to gasoline loading facilities.
Mandate: directive No. 94/63/EEC of 20 December 1994, directive No. 2008/50/EC of 21 May 2008, decree of 4 September 1967 (already repealed), arrested on 9 November 1972 (already repealed), arrested on 8 December 1995, arrested on 2 February 1998.
Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the environmental code, including title I of his book V;
Considering the amended decision 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;
Having regard to the amended decision of 2 February 1998 on water sampling and consumption, as well as to the emissions of any kind of facilities classified for environmental protection subject to authorization;
In view of the decision of 29 September 2005 on the assessment and consideration of the probability of occurrence, kinetics, effects intensity and severity of the consequences of potential accidents in the hazard studies of licensed facilities;
Having regard to the amended decision of 29 November 2006 on the terms and conditions for the accreditation of laboratories conducting water and aquatic analysis under the Environmental Code;
Considering the decision of 7 July 2009 on the modalities for air and water analysis in facilities classified for environmental protection and reference standards;
In view of the Order of 8 July 2010 establishing the list of priority substances and setting out the modalities and deadlines for progressive reduction and elimination of spills, flows, direct or indirect releases of priority substances and hazardous substances referred to in Article R. 212-9 of the Environmental Code, respectively;
Considering the advice of the relevant professional bodies;
In light of the opinion of the Higher Council for Technology Risk Prevention of 22 February 2011,
Stop it!

Article 1 Learn more about this article...


The loading or unloading facilities subject to authorization under section No. 1434-2 of the environmental protection legislation are considered to be subject to this Order. Loading and unloading of bulk cargo is defined as operations for the transfer of bulk cargo in or from the capacity of a transport equipment (e.g. truck, wagon, ship or inland navigation vessel).
All provisions of this Order shall apply to facilities that are subject to a request for authorization filed on or after July 1, 2012, as well as to extensions or modifications of existing facilities that are regularly put into service requiring the filing of a new application for authorization pursuant to section R. 512-33 of the Environmental Code beyond the same date (named "new facilities" in the continuation of this Order-2)
For other facilities (named "existing facilities" in the subsequent Order), and without prejudice to the provisions already applicable:
- the provisions of articles 1st, 2, 5, 7, 8, 10 to 13, 15, 17, 19 to 29, 31 to 33, 36 to 38, 42 to 47 and 49 to 54 apply to 1 July 2012;
the provisions of articles 4, 9, 14, 16, 18, 30, 34, 35, 39 to 41 and 48 shall apply in the manner described in these articles;
— the provisions of Articles 3 and 6 are not applicable.
The provisions of this Order shall apply without prejudice to the regulations relating to the carriage of dangerous goods by land (road, railway or inland waterway) or by sea, including the loading and unloading of flammable liquid tanks.

  • PART I: GENERAL Article 2 Learn more about this article...


    For the purpose of this Order, the following means:
    Access to the site: opening linking the service or public route and the site's interior sufficiently sized to allow the entry of the emergency equipment and their implementation.
    Loading or unloading area: stopping surface of tank trucks or tank cars dedicated to tank filling operations or supplying stationary storage tanks.
    Category A of flammable liquids (extremely flammable liquids): class relative to flammable liquids including ethyl oxide and any liquid whose flash point is less than 0 °C and whose saturating vapour pressure at 35 °C is greater than 105 pascals.
    Category B of flammable liquids (or 1st category): category for flammable liquids whose flashpoint is less than 55 °C and which do not meet the definition of extremely flammable liquids.
    Category C of flammable liquids (or 2nd category): category for flammable liquids whose flashpoint is greater than or equal to 55 °C and less than 100 °C except heavy fuels.
    Category C1 of flammable liquids: Category relative to flammable liquids having a flashpoint greater than or equal to 55 °C and less than 100 °C stored at a temperature greater than or equal to their flashpoint, except heavy fuels.
    Category C2 of flammable liquids: Category relative to flammable liquids having a flashpoint greater than or equal to 55 °C and less than 100 °C stored at a temperature less than their flashpoint, except heavy fuels.
    Category D of flammable liquids (low flammable liquids): category relative to heavy fuels as defined by the administrative specifications.
    Category D1 of flammable liquids: category for heavy fuels stored at a temperature greater than or equal to their flashpoint.
    Category D2 of flammable liquids: category relative to heavy fuels stored at a temperature below their flashpoint.
    Loading and unloading: operations for the transfer of a bulk cargo in or from the capacity of a transport equipment (e.g. truck, car, inland navigation boat or ship). We hear:
    - the transfer of flammable liquids to the capacity of a transport device;
    - unloading the transfer of flammable liquids from the capacity of a transport device.
    Tank: mobile capacity of a volume greater than or equal to 1 cubic metre for the transport of flammable liquids in accordance with the regulations for the carriage of dangerous goods by land (road, railway or inland waterway) or maritime. For this Order, portable containers are not considered tanks.
    Volatile organic compound (VOC): any organic compound, excluding methane, as well as the fraction of creosote, having a saturating vapour pressure greater than or equal to 0.01 kilopascal at a temperature of 20 °C or having a corresponding volatility under special conditions of use.
    VOC channeled emission: any VOC emissions in the atmosphere made using a chimney or from emission reduction equipment.
    VOC diffuse emission: any VOC emissions in air, soil and water that do not occur in the form of a channelled emission.
    Essence: any oil derivative, including superethanol, with or without additive, of a saturating vapour pressure greater than or equal to 13 kilopascals at a temperature of 20 °C, intended to be used as fuel for motor vehicles, except for liquefied petroleum gas (LPG). Aviation fuels are not involved.
    Installation previously subject to the rules for the development and operation of liquid hydrocarbon deposits (hereinafter referred to as RAEDHL): existing liquid hydrocarbon storage facility (depot) of 1st and 2nd class authorized after January 1, 1973, with equivalent storage capacity on the entire site greater than 1,000 cubic metres.
    Non-water flammable liquid:
    ― flammable liquid having solubility in water at 20 °C below 1%;
    ― flammable liquid whose solubility in water at 20 °C is between 1% and 10% and for which extinction tests have shown that it behaves as a liquid with a low affinity with water;
    - fuel in which no more than 15% of oxygenated products are incorporated.
    Water-impaired flammable liquid: flammable liquid that does not meet the definition of a non-water-implicable liquid.
    Navire: marine navigation boat.
    Loading or unloading station in "free service without supervision": position made available to fill or unload road tanks outside the presence on the operator's personnel site.
    Inflammable liquid distribution position: a location that combines one or more arrivals of flammable liquids and one or more departures that can be connected through articulated hoses or hoses to achieve various loading or unloading combinations required for operation.
    Mobile receptacle: portable handling capacity intended for the carriage of flammable liquids by land (road, railway or inland waterway) or marine with a volume less than or equal to 3 cubic metres.
    Retention: ability to receive flammable liquids accidentally flowing from tanks or during loading or unloading operations.
    Deported detention: retention is not located at the edge of the loading or unloading areas associated with it. These may be more or less distant so as to defer flows to a zone with less risk.
    Superethanol: fuel consisting of a minimum of 65% agricultural ethanol and a minimum of 15% unleaded superfuel.
    Gasoline terminal: establishment that has gasoline storage tanks and tank loading or unloading facilities used for the carriage of gasoline.
    Steam recovery unit (URV): equipment consisting essentially of a vapour collection or balancing system and a flammable liquid recovery system using a physico-chemical process such as adsorption, absorption or condensation.

  • PART II: IMPLANTATION AND ACCESSIBILITY Article 3 Learn more about this article...


    Road or railway loading or unloading facilities respect a minimum distance:
    - 15 metres from site limits for the loading of flammable liquids of category A, B, C1 or D1;
    - 10 metres from site limits in the case of unloading of flammable liquids of category A, B, C1 or D1;
    - 5 metres from site limits in the case of loading or unloading of flammable liquids of category C2 or D2.
    The distance is measured against:
    - at the limits of the collection area;
    - at the limits of the area of detention, if the area is not buried;
    – at fixed and mobile loading or unloading devices, positions in the position they occupy when used.

    Article 4 Learn more about this article...


    4-1. Arrangements are made to ensure that only authorized persons have access to facilities.
    Loading or unloading facilities are located on a fenced site, except in the event of a justified impossibility. The operator ensures that the physical integrity of the fence is maintained over time and performs the maintenance operations of the premises regularly.
    The minimum height of the fence, measured from the ground on the outer side, is 2.5 metres.
    The provisions of the first two paragraphs of Article 4-1 shall apply to existing facilities on 1 January 2013. The third paragraph provision is not applicable to existing facilities, extensions or modifications of existing facilities and to new facilities built at a site existing on the date of publication of this Order.
    4-2. The provisions of the second and third paragraphs of section 4-1 do not apply to loading or unloading areas of unattended open-service facilities located more than 7.5 metres from the public highway.
    The equipment of these installations is located in a fenced enclosure of a minimum height of 2.5 metres, measured from the ground on the exterior side, with the exception of mobile pipes (e.g., hoses or loading arms) and devices whose manual action allows the transfer of flammable liquid (e.g., sectioning valves). This provision is not applicable to existing facilities, extensions or modifications of existing facilities and to new facilities built at an existing site on the date of publication of this Order.

    Article 5 Learn more about this article...


    5-1. The site has at least positioned ground access at all times so that it is always accessible, regardless of wind conditions, to allow fire and rescue services to be operated.
    Access to the site is designed to be open immediately upon request by fire and rescue services or directly by fire and rescue services.
    5-2. Vehicles whose presence is related to the operation of the facility station without causing any discomfort for the accessibility of emergency equipment from the external traffic lanes to the installation, even outside the operating and opening hours of the facility.

    Article 6 Learn more about this article...


    6-1. The track from the access to the site to the "machinery" track defined in section 6-2 shall respect the following characteristics:
    - the useful width is at least 6 metres, the free height at a minimum of 4.5 metres and the slope below 15%;
    - in the inner radius bends below 50 metres, a minimum R inner radius of 13 metres is maintained and a S = 15/R metres overwidth is added;
    – the track is resistant to the bearing force calculated for a 320 kN vehicle with a maximum of 130 kN per axle, with a maximum distance of 3.6 metres.
    6-2. The facility has a "machine" track allowing access to each retention and position associated with a loading or unloading facility.
    The "machine" track meets the following characteristics:
    - the useful width is at least 3 metres, the free height at a minimum of 4.5 metres and the bearing force identical to that of the access route provided for in Article 6-1 of this Order;
    ―it includes at least two crossing areas every 100 metres; These areas have a minimum length of 15 metres and a minimum width of 3 metres in addition to the "machinery" track.
    6-3. Different configurations and values can be provided by pre-fectoral order subject to the prior agreement of fire and rescue services.
    6-4. The provisions of Article 6 shall not apply to extensions or modifications of existing facilities as well as to new facilities built on a site existing on the date of publication of this Order. With respect to new waterway and marine loading or unloading facilities, their accessibility may be limited to the land area if the distance between the access lane and these facilities allows the operation of mobile means or if fixed means of cooling and projection of foaming solution are in place.

  • PART III: CONSTRUCTIVE PROVISIONS, IMPLEMENTATION AND EQUIPMENT Article 7 Learn more about this article...


    Where the same loading or unloading facility is intended to be used for the transfer of flammable liquids from different categories, its design and development shall be carried out taking into account the provisions of this title for the most restrictive flammable liquid category.
    The operator shall also make the necessary technical arrangements to avoid any mixture of flammable liquids incompatible with all facilities, including retentions.

    Article 8 Learn more about this article...


    The loading or unloading facilities are provided with an emergency stop which interrupts the transfer of flammable liquids. If the position is equipped with a bridge, each level has such a device.
    For marine loading or unloading facilities, as well as the positions of gravity unloading facilities that are not equipped with such a device, an emergency stop procedure is established. It previews a minima a quick closure of the sectioning valves or a stop of the transfer pumps.

    Article 9 Learn more about this article...


    9-1. Pipes, valves and accessories comply with the standards and codes in force during their manufacture subject to the requirements of this Order.
    The various accessible pipes are identified in accordance with the rules defined by the operator, without prejudice to the requirements set by the operator Labour code.
    The provisions of Article 9-1 shall apply to existing facilities on 1 July 2012.
    9-2. Pipe fittings are made in metal construction, concrete or masonry. They are designed and arranged to prevent corrosion and external erosion of pipes in contact with the supports. The provisions of this paragraph shall not apply to existing facilities.
    When flammable liquid pipes are placed in ducts, they are equipped at their ends and every 100 metres of suitable devices preventing the spread of the lamp and the flow of flammable liquids beyond these devices. This provision is applicable on January 1, 2017 to facilities previously subject to the rules for the development and operation of liquid hydrocarbon deposits and is not applicable to other existing facilities.
    9-3. The loading circuits of a road or rail tank are equipped with a closing device (e.g., a steel valve) for both the body and the shutter organ. This isolation device is mounted either close to the flexible parts or directly on the loading arm.
    With respect to the loading of tanks by river or sea, the end of the stationary pipes on the surface of the tank is equipped with a fast-closing valve.
    The provisions of Article 9-3 shall apply to existing facilities on 1 January 2015.

    Article 10 Learn more about this article...


    The installation, for flammable liquids, of hoses at locations where fixed pipes are possible, is prohibited.
    For a period of less than one month in the context of work or transition phase of operation, the use of hoses for loading, unloading and flammable liquids on mobile pumping groups and flammable liquid distribution stations is permitted.
    Any hose is replaced whenever its condition requires it and, if the transport regulations provide, according to the prescribed periodicity.
    The length of the hoses used is as small as possible.

    Article 11 Learn more about this article...


    The unloading of a tank is carried out only by means of a connection equipped with a immobilized mating device on the exhausting pipe of the receiving storage capacity.
    When this condition cannot be fulfilled, the delivery device's hose is equipped with an end device that can only flow on permanent manual intervention (e.g. a pistol).

    Article 12 Learn more about this article...


    Pipelines, hoses and articulated arms are sufficiently illuminated to ensure that they are monitored, mating and discoupled.
    A signalling of sectioning valves and emergency stops is put in place to make their manoeuvre faster.

    Article 13 Learn more about this article...


    The operator shall:
    - so that the possible closure of valves may not cause the rupture of pipes or their joints;
    - to prevent accidental stamping of railway tanks being loaded or unloaded by other devices.

    Article 14 Learn more about this article...


    14-1. Road and rail loading or unloading areas of flammable liquids have a retention designed to contain the maximum volume of flammable liquids contained in the largest tank likely to be loaded or discharged on these areas.
    Road and rail loading or unloading areas may be enclosed with collection channels and linked to deported retention in accordance with the requirements of this Article. The collection area delimited by the gutters is designed and dimensioned in view of the findings of the hazard study.
    Retentions established to meet the provisions of the preceding two subparagraphs are as follows:
    - they are equipped with a sealing device consisting of a concrete coating or any other coating with at least equivalent sealing characteristics;
    – they are designed and maintained to withstand the static pressure of the potentially widespread flammable liquid and the physico-chemical action of the products that can be collected.
    For existing facilities, the operator shall provide the prefect, by 1 January 2015, with a technical-economic study to comply with the provisions of section 14-1. The Prefect defines the provisions to be implemented according to the findings of this study. The sealing lens defined in the fourth paragraph may not be sought for:
    H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3D, H3
    - existing facilities for the loading or unloading of flammable liquids not covered by a risk phrase R23, R26, R39, R54, R56, R58, R60, R61 or by any of their combination, or by a hazard reference H330, H331, H360F, H360FD, H360Fd, H360Df, H370 or
    14-2. In the case of loading or unloading by river or sea:
    – loading and unloading operations are carried out under the permanent supervision of personnel, capable of acting and competent, in order to detect possible leaks and alert emergency means within a maximum of 15 minutes;
    ― the operator has the human and material means in sufficient quantity and capacity to cope with any flammable liquid spreading. These means, consisting for the material part of floating dams, dispersing products, absorbent products, pumping and storage of recovered flammable liquids, are clean or can be supplemented by mutual aid protocols, private law conventions or an agreement previously established with fire and rescue services. The location for the storage of the operator's own equipment is chosen to limit the time limits for intervention. These provisions do not apply to flammable liquids that are water-impaired.
    The provisions of Article 14-2 shall apply to existing facilities on 1 January 2014.
    14-3. For retentions referred to in Article 14-1 of this Order, the operator defines by operating procedure the modalities for carrying out a regular simple visual examination and an annual in-depth visual examination. Retentions are subject to appropriate maintenance. This provision is applicable to existing facilities on 1 July 2012.
    14-4. The operator shall establish the appropriate devices and procedures to ensure the disposal of water that may accumulate in the retentions installed to meet this section.
    These devices:
    – are sealed to flammable liquids capable of being retained;
    - are closed (or at the stop if it is active devices), except during the emptying phases, or equipped with an automatic shut-off device in the event of accidental arrival of flammable liquids;
    ― can be ordered without having to enter retention.
    The open or closed position of these devices is clearly identifiable without having to enter retention.
    The provisions of Article 14-4 shall apply to existing facilities on 1 January 2014.
    14-5. In the case of deported retention, the disposition and slope of the soil are such that in the case of leaking flammable liquids are directed only to the retention capacity. The air route followed by accidental discharges between tanks and the retention capacity does not pass through areas with bare lights and does not cut the access routes to these areas. If the flow is channeled, the ducts and ducts have, if necessary, equipment to prevent the spread of a possible fire between the tank and deported retention (e.g., an anti-flammant siphon).
    Deported retention is dimensioned so that there can be no overflow of flammable fluid when it is possible to enter the retention.
    For existing facilities, the operator shall provide the prefect, by 1 January 2015, with a technical-economic study to comply with the provisions of section 14-5. The Prefect defines the provisions to be implemented according to the findings of this study.
    14-6. When a loss of containment on equipment of a flammable liquid loading or unloading facility may be at the origin of a phenomenon whose overpressure effects are likely to lead to significant hazards to human life outside the site, a detection of flammable liquid (liquid detection or gas) is in place, unless the operator is in a position to demonstrate in the investigation of the hazards This provision is applicable to existing facilities as of January 1, 2017.

    Article 15 Learn more about this article...


    Sewers that may occur during loading or unloading operations are collected in containers intended for this purpose. A record provides for their regular discharge.
    In the case of loading or unloading of vessels or inland navigation vessels, these provisions are limited to the collection of sewage at the level of the land area.

    Article 16 Learn more about this article...


    16-1. Precautions are taken against the risk of static electricity, depending on the nature of the flammable fluid loaded or discharged. They are based on good professional practices and include the limitation of the circulation speed of the flammable liquid, a relaxation time (a length of pipework or a sufficient circulation time) after a piping accessory generating electrostatic loads or any other equivalent efficiency measure.
    The various metal parts of a loading or unloading facility (loading, metal pipes and accessories, diver tube if the load is done by the top) are permanently connected, electrically between them and a land-based network. The continuity of the bonds has a resistance less than 1 ohm and the resistance of the earth socket is less than 10 ohms.
    16-2. The road and rail tanks are connected by an equi-potential link to the fixed installations themselves connected to the earthing network before the opening of the cargo valves of these tanks. For the loading of tank cars, the electrical continuity may be considered to be provided by the rail.
    With regard to unloading, the electrical continuity can be ensured by the pipe or the hose itself if it has the required qualities of electrical conductivity.
    16-3. In the case of a rail clutch, all lengths of a rail at least serving a loading or unloading station are connected and electrically connected to the tank of this station, to the loading or unloading pipes and to the grounding.
    If the clutch is electrified, special arrangements are made to prevent the risks associated with vagrant currents.
    16-4. The piping of a loading facility or fluvial or maritime unloading is connected to a dirt socket. This land grab is placed in the vicinity of the shoreline, if possible in a part of the ground below the water level.
    The fixed piping of the loading or unloading facility is electrically isolated from the vessel or inland navigation vessel by an insulating joint or insulating pipe length.
    When the fluvial or maritime loading facility is cathodicly protected, a particular study is carried out to define the special provisions to be taken to prevent the risks associated with traffic currents and static electricity.
    16-5. The provisions of Article 16 shall apply to existing facilities on 1 January 2014.

    Article 17 Learn more about this article...


    The loading of the tank is done either by the bottom (loading called "in source") or by the dome per diver tube. Rain loading is prohibited.
    The diver tube and its tip are either non-ferrous material or stainless steel. When the diver tube is not metal, it is electrically connected to the fixed pipe of the loading station.
    The diver tube is of sufficient length to reach the bottom of the tank and its tip is designed to allow flow without projection. The flammable fluid circulation speed is limited to 1 metre per second as long as the immersion tube is not fully immersed, except for flammable liquids whose electrical conductivity is greater than 10,000 pS/m. For the loading of Category A, B, C1 or D1 flammable liquids, the loading arm is designed so that the rim of the diver tube remains immersed during the filling operation.

    Article 18 Learn more about this article...


    Flammable liquid transfer pumps:
    Category A, B or C when installed engine power exceeds 5 kW;
    Category D, when installed engine power exceeds 15 kW,
    are equipped with safety stopping the pump in case of abnormal heating caused by a zero flow.
    The provisions of this Article shall apply to existing facilities on 1 January 2017.

    Article 19 Learn more about this article...


    The lanes and areas serving the loading or unloading installations of road tanks are arranged so that the evacuation of vehicles can be carried out in advance.
    Arrangements are made to avoid damage to flammable liquid pipes during vehicle manoeuvres.

  • PART IV: EXPLANATORY AND ENTERTIAN Rule 20 Learn more about this article...


    The operator shall have on the site and before receipt of the material safety data sheets for the stored hazardous materials or any other equivalent document.
    These documents are readily accessible and maintained at all times at the disposal of the inspection of classified facilities and fire and rescue services.

    Article 21 Learn more about this article...


    21-1. Without prejudice to the provisions of Labour code, instructions specifying the terms and conditions for the application of the provisions of this Order shall be established, kept up-to-date and made available to staff, including personnel from outside companies who are required to work in the facility, with respect to them.
    These instructions include:
    - the rules concerning the prohibition of smoking;
    - the prohibition of bringing fire in any form in the installation without authorization;
    - the obligation of authorization as provided for in section 32 of this Order (work permits);
    - the procedures for stopping the emergency and security of the facility;
    - measures to be taken in case of leakage on a tank or piping containing dangerous substances;
    - means of extinction to be used in the event of a fire;
    - the alert procedure with the telephone numbers of the site's response officer and fire and rescue services.
    21-2. For road and rail loading or unloading facilities, these instructions also indicate:
    – the precautions to be taken to avoid any timeless movement of the tank during loading or unloading operations;
    - the provisions concerning the grounding of the tank.

    Article 22 Learn more about this article...


    The operator records and analyzes the following events:
    - loss of containment or overflow of a tank;
    – loss of containment of more than 100 litres on a piping;
    - failure of one of the safety devices mentioned in this Order.
    The registry and associated analyses are required for inspection of classified facilities.

    Article 23 Learn more about this article...


    23-1. The loading and unloading of flammable liquids occurs in the presence of a person trained in the nature and dangers of flammable liquids, the conditions of use of the facility and the first intervention in the event of an incident occurring during a loading or unloading operation. In particular, for unattended loading or unloading stations, filling or unloading personnel are able to implement the means of first fire and environmental intervention.
    23-2. When loading and unloading by river or sea, transfer arms connection operations to inland navigation vessels and vessels are carried out in the presence of a person designated by the operator and a representative of the shipboard.
    A link is planned between the pumping facility and the receiving facility to ensure rapid execution of the orders given, constant control of the allure of the transfer and, in the event of an incident, a rapid stopping of the pumping groups.
    23-3. When the tank level is not continuously monitored during loading under the control of the person referred to in section 23-1, an automatic device shall ensure that the tank capacity is not exceeded.

    Article 24 Learn more about this article...


    Unloading is only performed to a storage capacity after ensuring that the available capacity in the tank(s) concerned is greater than the volume to be transferred.
    Preliminary checks are carried out (including tank dashboard and placarding) before unloading to detect a possible delivery error.
    If the installation allows the unloading of several flammable liquids, the connections shall have a clear indication of the product concerned or any other mention, symbol or signalling code of equivalent efficiency.

    Rule 25 Learn more about this article...


    The provisions of Article 25 shall apply only to road or rail loading or unloading facilities.
    The engine of the vehicle is stopped during loading or unloading unless it is necessary for the operation.
    In case of pump unloading, the engine that drives the engine is only activated after connecting the equivalent connection and connecting the hoses or loading arms.
    Whether several tanks or a multi-compartment tank, during manual loading by a single operator, a single dome lid is opened at a time, while the others remain closed. For automatic loading, by pre-determination counter, for example, simultaneous loading of several compartments is possible.
    The equivalent connection between the vehicle and the loading facility is interrupted only when:
    - the valves of the loading station and the domes of the vehicle are closed, in the case of a loading by the dome;
    ― all disconnection operations are performed and the coupling caps of the vehicle installed, in the case of a source load.

    Rule 26 Learn more about this article...


    The provisions of this article are specific to unattended loading and unloading operations.
    26-1. Unattended loading or unloading stations are permitted only for flammable liquids of categories C2 and D2. Operations are carried out only by specially qualified personnel.
    26-2. A unattended road tank loading station is in accordance with the following provisions:
    – tanks serving the self-service station are equipped with motorized tray foot valves kept closed outside loading operations;
    – a safety locking device, which can only be unlocked by the operator's means, is set up to cut the power supply of the loading pump and keep the motorized valve closed from the tray foot outside of the operating periods;
    - a device prohibits loading when the equipotential connection between the road tank and the post tank is not properly performed;
    – a device prohibits loading when the diver tube is not in the loading position;
    – an automatic device limits the circulation speed of the flammable liquid to 1 meter per second until the total immersion of the diver tube;
    – a device enslaved the load to a permanent manual action of the operator;
    ― a device automatically stops, to the maximum every five minutes, any current load if there has been no manual re-engineering;
    – a representative of the operator is always available.
    26-3. When the storage capacity of the loading facility is provided outside the operator's presence, the following steps are taken:
    ― the filling mouth is placed under a locked hood;
    ― the exhaust pipe is equipped with an anti-return valve at the base of the tank when the tank is airborne.

    Rule 27 Learn more about this article...


    At the end of the transfer, a complete drain of the flammable liquid contained in the arms and hoses is carried out in accordance with the relevant operating instructions defined by the operator.
    This provision is not applicable for arms:
    - the loading of the supplying equipment;
    - in the presence of shut-off devices at the ends of the arm, with a volume between these two devices, likely to be spread in case of leakage of the arm, less than 100 litres.

    Rule 28 Learn more about this article...


    No manual gauge or sample capture operation is performed on tanks being loaded or unloaded. A record sets out the conditions for the operation, including the duration of the waiting after the transfer of the flammable liquid.

  • PART V: OTHER PROVISIONS FOR RISK PREVENTION Rule 29 Learn more about this article...


    The operator shall identify, under its responsibility, the parts (locaux or locations) of the facility or the equipment and apparatus that, due to the qualitative and quantitative characteristics of the loaded or unloaded material, are likely to be at the origin of a fire or explosion that may pose dangers to the interests referred to in section L. 511-1 of the Environmental Code.

    Rule 30 Learn more about this article...


    Within a distance of 20 metres from the parts (locaux or locations) of the facility or equipment and apparatus referred to in section 29, the operator shall identify equipment and equipment that may, in the event of an explosion or fire impacting them, pose hazards to the interests referred to in section L. 511-1 of the Environmental Code. This census is available for inspection of classified facilities.
    The provisions of this article shall apply to existing facilities on 1 January 2015.

    Rule 31 Learn more about this article...


    Arrangements are made to avoid the accumulation of flammable liquid vapours in the lower parts of the facility, particularly in the pits and ducts.

    Rule 32 Learn more about this article...


    In parts of the facility with fire or explosion hazards, it is prohibited to bring fire, flame or equipment that may be a source of ignition, in any form, except for work or operations that have been the subject of a "fire permit". This prohibition is apparent in the parties concerned and at the site entrance.
    In the parts of the installation referred to in section 29 of this Order, the repair or development work leading to an increase in the risks (including the use of a flame or a hot spring) may be carried out only after the issuance of a "work permit" and possibly a "fire permit" and by complying with the rules of a particular record.
    The "work permit", the "fire permit" if there is one, and the particular record is established and subject to the operator or the person designated by the operator. When the work is carried out by an outside company, the "work permit", the "fire permit", if any, and the particular safety record of the facility shall be co-signed by the operator and the outside company or the persons designated by them, without prejudice to the provisions provided by the Labour code.
    After the completion of the work and prior to the resumption of the activity, a facility verification is performed by the operator or its representative.

    Rule 33 Learn more about this article...


    33-1. The operator shall take the necessary steps to prevent the risk of leakage on the facility as a result of mechanical, physical or chemical constraints (e.g. fatigue, corrosion or external aggression).
    33-2. The technical safety devices for loading or unloading facilities are designed to withstand the specific stresses related to flammable liquids, the operation and environment of the system (such as shocks or corrosion).
    These devices, in particular instrumentation, are designed to allow their maintenance and periodic inspection by testing their efficiency.
    33-3. The operator shall ensure that the safety and fire control equipment and electrical installations are periodically checked and maintained in accordance with the applicable repositories. The operator shall make available to the inspection of the facilities classified the supporting elements of these audits and maintenance operations.

    Rule 34 Learn more about this article...


    The operator is implementing a periodic inspection program for equipment such as piping and fittings (including hoses and articulated arms), pumps and retentions as well as technical safety devices. Technical safety devices are maintained at the level of design reliability and in a functioning state as defined in written procedures.
    This inspection program is implemented at existing facilities by December 31, 2013.

  • PART VI: DEFENSE CONTRE L'INCENDIE


    Rule 35 Learn more about this article...


    35-1. The facility has one or more fire appliances (flags or posts) capable of delivering a unitary flow of 60 cubic metres per hour for two hours, located on a public or private network so that their accessibility and remoteness from potential fires have maximum job security. Any point of the "machine" lanes that may be used for the extinction of a fire in the installation is less than 100 metres from a fire unit and the distance between two aircraft is 150 metres maximum.
    In the absence of compliance with the provisions of the preceding paragraph, the operator shall have one or more water reserves of 120 cubic metres of minimum unit capacity, whose connecting points of mobile pumping means meet the implantation criteria cited in the preceding paragraph.
    The provisions of section 35-1 shall apply to existing facilities as of 1 January 2013.
    35-2. The facility has carefully distributed extinguishers near facilities with specific, well visible and easily accessible risks. extinction agents are appropriate to the risks to be combated and compatible with the products stored or transferred.
    The position of extinguishers and their number are defined under the responsibility of the operator according to the locations to be protected, with a minimum of a powder extinguisher on wheels of 100 kilograms of load or two extinguishers of 50 kilograms. Devices with other extinguishing agents with equivalent efficiency are also allowed.
    The presence of extinguishers is not necessary where other means of at least equivalent efficiency (such as a foam spear or a floodwater system) are put in place.
    The provisions of section 35-2 shall apply without prejudice to the requirements for premises by the Labour code. They apply to existing facilities as of 1 July 2012.
    35-3. The facility has a means to prevent fire and rescue services in the event of a fire. This provision is applicable to existing facilities on 1 July 2012.

    Rule 36 Learn more about this article...


    Each loading or unloading area has an incombustible sand or absorbing product in quantity suitable for risk, without being less than 200 litres, and the means necessary for its implementation. The absorbent product reserve is stored in visible and easily accessible locations and protected by a lid or any other device to shelter the sand or product absorbing weather.

    Rule 37 Learn more about this article...


    The facility has a plan of areas and premises that facilitate the operation of fire and rescue services with an explicit indication of the risks to be addressed for each area or local area.

    Rule 38 Learn more about this article...


    Instructions, procedures or documents specify:
    - general provisions for the maintenance and verification of fire and emergency means;
    - the organization of the operator in case of a loss;
    ― the means to be used in the event of a fire.

  • PART VII: PREVENTION OF POLLUTIONS
    • Chapter I: Emissions of volatile organic compounds (VOCs) Rule 39 Learn more about this article...


      The provisions of this chapter shall not apply to ship loading facilities.
      The operator shall make the necessary arrangements to quantify and limit VOC emissions from its facilities by considering the best available techniques at an economically acceptable cost and taking into account the quality, vocation and use of surrounding environments, in accordance with sections R. 512-8 and R. 512-28 of the Environmental Code.
      The operator is conducting an inventory of channeled and diffuse VOC sources. The list of emission sources is updated annually and is available for inspection of classified facilities.
      The inventory also contains information on the possible connection to an emission reduction device.
      The operator shall have at the disposal of the inspection of classified facilities a record containing the circulation patterns of flammable liquids in the facility, the list of inventoryed equipment and those subject to a VOC flow quantification, the results of the measurement campaigns and the report of any emission reduction actions carried out.
      The provisions of this article shall apply to existing facilities on 1 January 2014.

      Rule 40 Learn more about this article...


      The operator conducts a quantification of the channeled and diffuse emissions of VOCs where the annual quantities charged by land (road, railway or inland navigation) on all site facilities are greater than the values set out in the table below. This quantification may be based on an emission assessment conducted under a solvent management plan established in accordance with section 28-1 of the above-mentioned decision of 2 February 1998.
      The results of this quantification are made available for inspection of facilities classified as part of the record set out in section 39 of this Order. These results refer to the amount represented by VOC emissions mentioned in paragraphs c and 42 above the total quantity of VOCs issued.


      CATEGORY OF FLAMMABLE LIQUID
      (saturating vapour pressure
      Pv expressed at 20 °C)
      QUANTITY
      Annual

      Extremely flammable liquids

      500 tons

      First class flammable liquids at Pv 1 25 kPa

      2,500 tons

      Flammable first-class liquids at 13 kPa ̧ Pv 25 kPa

      5,000 tons

      Flammable first-class liquids at 1.5 kPa ̧ Pv 13 kPa

      10 000 tons

      First class flammable liquids at Pv 1.5 kPa

      50 000 tons


      The operator quantifies the diffuse emissions of the loading facilities:
      either by using the simplified method given in Annex 1 to this Order;
      either using another method (e.g., the US Environmental Protection Agency or the Concawe). The prefect may request that the results of the first application of this method to the facility concerned after the publication of this order be subject to third-party expertise transmitted to the inspection of classified facilities.
      The provisions of this article shall apply to existing facilities on 1 January 2013.

      Rule 41 Learn more about this article...


      41-1. For the purposes of section 41, if the site has several loading facilities, the quantities of loaded flammable liquids are counted, under the tables of section 41-3, installation by installation, as long as these installations are remote from more than 300 metres or if the nature of the loaded products does not allow their common recovery. This provision is applicable to existing facilities on 1 July 2012.
      41-2. As long as the annual quantities of flammable liquids loaded by land (road, railway or inland navigation) on all site facilities are greater than the values set out in the tables in section 41-3, all or part of the VOC emissions generated during the loading of flammable liquids are:
      - recovered by an URV meeting the provisions of points c, d and e of section 42 of this Order; or
      - channelled and processed in accordance with the provisions of items a, b, c and 42 of this Order,
      so that:
      - the annual residual VOC flow does not exceed 1% of the total flow of channeled VOCs and reference broadcasts;
      ― the annual residual fluxes of VOCs referred to in Annex III to the above-mentioned Ministerial Order of February 2, 1998, or hazard statements H340, H350, H350i, H360D or H360 F or R45, R46, R49, R60, R61 and halogenated compounds of hazard statements H341 or H351 or H368 channel, or at risk phrases
      The reference fluxes correspond to the emissions of VOCs affected by the two preceding paragraphs if no reduction measures (recovery or treatment) are implemented on the site during all loading operations carried out annually.
      41-3. For existing road or rail loading facilities, the quantities provided for in section 41-2 are:


      CATEGORY OF FLAMMABLE LIQUID
      (saturating vapour pressure Pv expressed at 20 °C)
      ANNUAL QUANTITY
      Application rate:
      1 January 2015
      Application rate:
      1 January 2020

      Extremely flammable liquids

      10 000 tons

      5,000 tons

      First class flammable liquids at Pv 1 25 kPa

      20 000 tons

      10 000 tons

      Flammable first-class liquids at 13 kPa ̧ Pv 25 kPa

      50 000 tons

      20 000 tons


      For existing road and rail loading facilities of first class flammable liquids with a saturating vapour pressure of 20 °C between 6 and 13 kilopascals, the operator provides the prefect, for 1 January 2015, a technical-economic study to comply with the provisions of section 41-2:
      – for January 1, 2020, when the amount charged annually exceeds 100,000 tonnes;
      – for January 1, 2025, when the amount charged annually exceeds 50,000 tonnes.
      The provisions to be implemented are defined by prefectural order based on the conclusions of the technical-economic study.
      For new road or rail loading facilities, the quantities provided for in section 41-2 are:

      CATEGORY OF FLAMMABLE LIQUID
      (saturating vapour pressure Pv expressed at 20 °C)
      QUANTITY
      Annual
      PAPLICATION ECHANCE

      Extremely flammable liquids

      5,000 tons

      1 January 2013

      First class flammable liquids at Pv 1 25 kPa

      10 000 tons

      1 January 2013

      Flammable first-class liquids at 13 kPa ̧ Pv 25 kPa

      20 000 tons

      1 January 2013

      First class flammable liquids at 6 kPa ̧ Pv 13 kPa

      50 000 tons

      1 January 2015


      For river loading facilities, the quantities provided for in section 41-2 are:

      CATEGORY OF FLAMMABLE LIQUID
      (saturating vapour pressure Pv expressed at 20 °C)
      QUANTITY
      Annual
      PAPLICATION ECHANCE
      Existing installation
      New installation

      Essence

      150,000 tons

      1 July 2012

      1 July 2012

      Extremely flammable liquids and flammable liquids from first class to Pv 1 6 kPa (except gasoline)

      150,000 tons

      1 January 2015

      1 July 2012


      41-4. As long as the installation loads more than 20,000 tonnes of flammable liquid annually by road or rail, with saturating vapour pressure at 20 °C greater than 6 kilopascals, which can generate:
      – VOCs listed in Appendix III of the above-mentioned Ministerial Order of February 2, 1998;
      - a mixture of VOCs to which at least one of the hazard statements H340, H350, H350i, H360D or H360 F or at least one of the risk phrases R45, R46, R49, R60 or R61 is assigned;
      - a mixture of halogenated compounds to which at least one of the hazard statements H341 or H351 or at least one of the risk phrases R40 or R68,
      all or part of VOC emissions are:
      - recovered by an URV meeting the provisions of points c, d and e of section 42 of this Order;
      - channelled and processed in accordance with the provisions of items a, b, c and 42 of this Order,
      so that the annual residual flux for each of the relevant VOC emissions does not exceed 10% of the total flow of channeled VOCs and reference diffuses.
      The reference flux corresponds to the VOC emissions affected by section 41-4 if all of the loading operations carried out annually on the site are carried out in dome without the application of a reduction measure (recovery or treatment).
      The prefect may waive the requirements of section 41-4 if the operator demonstrates that it uses the best available techniques at an acceptable economic cost and that there is no reason to fear significant risk to public health and the environment.
      The provisions of section 41-4 shall apply to existing facilities on 1 January 2015.
      41-5. The gasoline terminal loading facilities also meet the requirements set out in Appendix 2. This provision is applicable to existing facilities on 1 July 2012.

      Rule 42 Learn more about this article...


      The channeled VOC emissions from the flammable liquid loading facilities comply with the following limit values, the gas volumes being reported to standard temperature conditions (273 K) and pressure conditions (101.3 kPa) after deduction of water vapour (dry gas):
      (a) If the total hourly flux is greater than 2 kg/h, the total carbon limit value of the total concentration of all pipeline compounds is 110 mg/Nm3;
      (b) In the case of the use of an oxidation technique for the removal of VOCs, the VOC limit value expressed in total carbon is 20 mg/Nm3 or 50 mg/Nm3 if the purification yield is greater than 98%. The reference oxygen content for the verification of compliance with the emission limit values is that measured in effluent from oxidation equipment. As part of the impact assessment under section R. 512-6 of the Environmental Code, the operator considers the possibility of installing a secondary energy recovery device. In addition, the operator ensures compliance with the emission limit values defined below for nitrogen oxides (NOx), carbon monoxide (CO) and methane (CH4):
      NOx (NO2): 100 mg/m3;
      CO: 100 mg/m3;
      CH4: 50 mg/m3;
      (c) For VOCs listed in Appendix III of the above-mentioned Ministerial Order of February 2, 1998, if the total hourly flux of organic compounds of these substances exceeds 0.1 kg/h, the limit value of the concentration of all these compounds is 20 mg/Nm3.
      In the case of mixture of compounds both mentioned and not mentioned in this point c, the limit value of 20 mg/Nm3 is only applicable to compounds referred to in this point c and a value of 110 mg/Nm3, expressed in total carbon, is applicable to all compounds of channelled emissions.
      The provisions of this point c shall not apply to the gasoline loading facilities referred to in Annex 2 to this Order;
      (d) For VOCs of H340, H350, H350i, H360D or H360F hazard statements or R45, R46, R49, R60, R61 and halogenated hazard statements H341 or H351, or R40 or R68 risk phrases:
      - for VOCs of H340, H350, H350i, H360D or H360 F hazard statements or R45, R46, R49, R60, R61, a limit emission value of 2 mg/Nm3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. This limit value refers to the mass sum of the different compounds;
      - for emissions of halogenated volatile organic compounds of H341 or H351 hazard statements or labeled R40 or R68, an emission limit of 20 mg/Nm3 is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. This limit value refers to the mass sum of the different compounds.
      The prefect may derogate from the requirements of the preceding two paragraphs if the operator demonstrates that it uses the best available techniques at an acceptable economic cost and that there is no reason to fear significant risk to public health and the environment.
      The provisions of this point d shall not apply to the gasoline loading facilities referred to in Annex 2 to this Order;
      (e) For URVs, in replacement of the provisions of items a and b of this Article 42, VOC emissions meet the following limit values, with the gas volumes reported to standard temperature conditions (273 K) and pressure conditions (101.3 kPa) after deduction of water vapour (dry gas). The concentration of emissions expressed in grams per cubic metre, averaged over one hour, does not exceed 1.2 times the saturating vapour pressure of the flammable liquid collected in kilopascals, but not exceed the value of 35 grams per normal cubic metre.

      Rule 43 Learn more about this article...


      The height of the outlets for channelled releases (difference between the elevation of the open air outlet and the average altitude of the ground at the location) expressed in metres is determined according to the level of the channeled emissions of VOCs to the atmosphere and according to the existence of obstacles that may hinder the dispersion of the gases.
      It is fixed by the authorization to operate or a complementary prefectural order, possibly given the results of a study of the conditions for the dispersion of gases adapted to the site. This study is mandatory for releases that exceed 150 kg/h of channeled VOCs or 20 kg/h in the case of VOCs listed in Appendix III of the above-mentioned Ministerial Order of 2 February 1998.
      For new installations, this height cannot be less than 10 metres.

      Rule 44 Learn more about this article...


      In the event that one or more of the activities referred to in paragraphs 19 to 36 of Article 30 of the above-mentioned Order of 2 February 1998, the limit values of VOC emissions defined in paragraphs a and b of Article 42 of this Order are not applicable to the release of the facilities.
      Where the total flow of VOCs issued by all channeled and diffuse emission sources on the site is less than the total flow that would be achieved by a strict application of the channeled and diffuse emission limit values defined by the applicable regulations at each channeled or diffuse release point, the operator may not respect the emission limit values defined by this Order, with the exception:
      – the limit values defined in points c and 42;
      - the limit values defined in Annex 2 to this Order.

    • Chapter II: Water and Aquatic Environment Protection Rule 45 Learn more about this article...


      The characteristics of the facility, including sampling and discharge in the aquatic environment, are consistent with the quality and quantity objectives of the water mentioned in the IV of section L. 212-1 of the Environmental Code.

      Rule 46 Learn more about this article...


      The possible sampling works in the bed of the watercourses have devices now in this bed a minimum flow guaranteeing constantly the life, circulation and reproduction of the species that populate the water. They don't interfere with the free flow of water.
      Water sampling facilities outside fire water are equipped with a totalizing measuring device. This device is recorded daily if the debit is likely to exceed 100 cubic metres per day, weekly if the debit is lower. These results are included in a possible computerized registry.

      Rule 47 Learn more about this article...


      A device allows the isolation of polluted effluent collection networks or may be polluted from the site from the outside. This device is maintained in a state of operation, reported and locally operated in any circumstances or from a control position. Its preventive maintenance and operationalization are defined by instructions.
      A water network diagram and a liquid flow collection network plan are prepared by the operator, regularly updated, including after each significant change, and dated. They are subject to inspection of classified facilities and fire and rescue services.
      These documents include:
      - the origin and distribution of feed water;
      – the sectors collected (including rainwater) and associated networks;
      ― works of all kinds such as connection points, eyes, swallows, lifting stations, measuring stations, manual and automatic valves or counters;
      ― the internal purification works with their control point and the points of rejection of any nature (internal or middle).
      Effluent collection networks are designed and designed to be curable, watertight and withstand in time the physical and chemical actions of effluents or products that may be transited.
      The operator ensures by appropriate and preventive controls of their good condition and sealing.
      The collectors carrying water polluted by flammable or susceptible liquids are equipped with effective protection against the risk of flame propagation.

      Rule 48 Learn more about this article...


      Unless otherwise stated in the paragraph concerned, the provisions of this section shall apply to existing facilities on 1 July 2012.
      48-1. Effluent collection networks separate unpolluted waters, sanitary waters and various categories of polluted or polluted water. Unclean rainwaters that do not alter their original quality are evacuated by a specific network. The provisions of this paragraph shall not apply to existing facilities, extensions or modifications of existing facilities and to new facilities built at a site existing on the date of publication of this Order.
      Rainwater that is likely to be polluted, fire water polluted by flammable liquids or emulsifiers, water discharges from reservoirs and sewers are collected at watertight zones and can only be released after quality control and if necessary only after appropriate treatment (with the exception of water containing only a non-flammable liquid). In the absence of previously characterized pollution, these waters may be evacuated to the receiving environment within the limits authorized by this order and may be reinforced by prefectural order so that the quality and quantity objectives of the water referred to in point IV of Article L. 212-1 of the Environmental Code are respected.
      The required volume of containment is determined in the light of the hazard study. For existing facilities, a technical-economic study on the possibility of achieving this objective is carried out on January 1, 2015. The Prefect defines the provisions to be implemented according to the findings of this study.
      For new sites, fire-extinguishing water retentions:
      ―are located outside the thermal effect areas of intensity greater than 5 kW/m2 identified in the hazard study; or
      ― are made of materials that are resistant to the effects of accidents identified in the hazard study and likely to lead to their use.
      48-2. Dilution of effluent is prohibited. In no case does it constitute a means to respect the release thresholds set below.
      Discharged effluents do not include:
      - floating materials;
      - products that can be released in the natural environment, directly or indirectly, of toxic, flammable or fragrant gases or vapours. With respect to hydrocarbons and products generating a chemical oxygen demand (COD), releases compatible with the release threshold values defined below are nevertheless permitted;
      – products that may affect the conservation of works as well as materials that can be deposited or precipitated that, directly or indirectly, may interfere with the proper functioning of the works.
      If the site does not have any other activity that could alter the quality of the released water, discharges of liquid effluent in the receiving environment shall meet the limit values defined below:
      - temperature below 30 °C;
      pH between 5.5 and 8.5;
      total hydrocarbons: 10 mg/l;
      - chemical oxygen demand (COD): 300 mg/l if the maximum daily flow authorized by the prefectoral order does not exceed 100 kg/day, 125 mg/l beyond;
      ― five-day biochemical oxygen demand (DBO5): 100 mg/l if the maximum daily flow authorized by the prefectural stop does not exceed 30 kg/day, 30 mg/l beyond;
      (MS): 100 mg/l if the maximum daily flow authorized by the order does not exceed 15 kg/day, 35 mg/l beyond.
      The concentration values referred to in this article are expressed in daily averages. The reference standards for the analysis of releases are those set out in the above-mentioned Ministerial Order of July 7, 2009.
      The fixed authorization order if there are limit values for other parameters. If among these parameters are priority hazardous substances referred to in the above-mentioned July 8, 2010, the operator shall present the measures taken to comply with the provisions.
      Based on the impact assessment, the authorization order sets out the daily maximum discharge rate (excluding uncontaminated rainwater) and the limit values of pollutant mass flow mentioned in the preceding paragraph. When discharges are only related to point operations (e.g. washing operations), this daily maximum flow rate and associated pollutant fluxes can be determined from the water consumption data provided by the operator in its authorization request file.
      When the authorized maximum daily flow exceeds 10% of the interannual average flow rate of the watercourse within the meaning of Article L. 214-18 of the environmental code or if it is more than 100 cubic metres, the authorization stop also sets an instant limit value, expressed in cubic metres per hour, as well as a limit to the monthly average daily flow rate when discharges are not related to point operations.
      48-3. Rainwater networks that may collect flammable liquids in the event of a disaster have a sectioning organ located before the release point in the natural environment.
      Liquid effluent discharge devices are designed to:
      - to minimize the disturbance to the receiving environment, at the edge of the discharge point, depending on the use of the water in the immediate vicinity and on the swallow of it;
      ― allow good effluent diffusion in the receiving environment.
      Upon release of the treatment facility and before release to the natural environment of liquid effluents, the operator provides a sampling point and points for the measurement of temperature and concentration by polluting. These points are designed so as to be easily accessible and to allow safe interventions.
      48-4. The design and performance of any liquid effluent treatment or pre-treatment facilities is used to meet the limit values of section 48-2.
      Treatment or pre-treatment facilities are maintained, operated and monitored to minimize unavailability or to cope with variations in the characteristics of raw effluents (including flow, temperature and composition).
      In particular, decanters and disbursers, if they exist, are controlled at least once a semester and are drained (overage and mud elements) and cured if necessary. The correct operation of the shutter is also verified once a year.
      If an unavailability or dysfunction of these facilities is likely to lead to an excess of the limit values imposed on section 48-2, the operator shall make the necessary arrangements to reduce any pollution emitted by limiting or stopping if necessary the release.
      48-5. The operator is implementing a release monitoring program. The terms and conditions of this monitoring (e.g., frequency of measurements, monitoring parameters and standards used) are kept at the disposal of the inspection of classified facilities.
      The results of the actions of this program are forwarded to the inspection of facilities classified at a frequency defined with it and, where appropriate, accompanied by comments on the causes of any overtakings identified as well as on corrective actions implemented or envisaged.
      At least once a year, the measures are carried out by an approved body selected from the list set out in section 11 of the above-mentioned Ministerial Order of 29 November 2006.

    • Chapter III: Waste Rule 49 Learn more about this article...


      The operator shall make the necessary arrangements in the design, development and operation of its facilities to ensure good waste management and to limit its production.

      Rule 50 Learn more about this article...


      The operator carries out within its site the separation of waste (dangerous or non-dangerous) to facilitate their processing or disposal in specific industries. In particular, hazardous wastes are stored separately, clearly, from other waste categories.

      Rule 51 Learn more about this article...


      The operator eliminates or disposes of waste produced under conditions that ensure the interests referred to in section L. 511-1 of the Environmental Code. It ensures that the facilities used for this disposal are regularly authorized for this purpose.

    • Chapter IV: Sound noise and vibration Rule 52 Learn more about this article...


      The use of acoustic communication devices (e.g., sirens, warnings, loudspeakers) is prohibited for the neighbourhood, unless their use is exceptional and is reserved for the prevention and reporting of serious incidents or accidents or if their use is prescribed under another regulation.

    • Chapter V: Odeurs Rule 53 Learn more about this article...


      The operator shall make the necessary arrangements to ensure that all facilities are not at the origin of odorous gases that may incommodate the neighbourhood, impair health or public safety.

  • PART VIII: MODIFICATION OF EXISTANT TEXTS Rule 54 Learn more about this article...


    54-1. Section 1 of the above-mentioned Order of 8 December 1995 is amended as follows:
    "These rules apply:
    at facilities classified under section 1434-1;
    - to the reporting facilities under section 1432;
    ― to the buried gas storage tanks of the facilities subject to authorization under section 1432,
    the nomenclature of facilities classified for environmental protection. »
    54-2. The sixteenth paragraph of section 1 of the above-mentioned decision of 2 February 1998 is amended as follows:
    "The points a to e of section 27.7 of this Order do not apply:
    - to storage in air tanks manufactured of flammable liquids operated in a storage subject to authorization under section 1432 of the nomenclature of facilities classified for environmental protection;
    - to facilities subject to authorization under section 1434-2 of the nomenclature of facilities classified for environmental protection. »

    Rule 55 Learn more about this article...


    The Director General of Risk Prevention 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 S
    A N N E X E 1
    EVALUATION OF VOC EMISSIONS
    A CHARGEMENT INSTALLATION


    A. ― Area of application of the method:
    The method presented in this annex shall apply to any type of tank loaded by ground (road, railway or inland waterway).
    B. ∙ Evaluation of the emissions of a loading facility:
    1. Emissions by loading of an installation without vapour recovery device are calculated with the following formula:


    Ei = S.Pvi.Mi.V
    S.Pvi.Mi.V


    Ei =


    R.T


    Ei: quantity of compounds i emitted in grams.
    S: saturation factor (see point C of this annex).
    Pvi: vapour pressure of compound i at loading temperature, in pascals.
    Mi: molar mass of compound i in grams per mole.
    V: loaded volume equal to the volume of air moved during loading in cubic metres.
    R = 8.314 J/(mol.K).
    T: load temperature in kelvins.
    2. When the loading system is equipped with a vapour recovery device, the emissions are calculated using the following formula:



    You can consult the table in the
    JOn° 263 of 13/11/2011 text number 3



    Ei, S, Pvi, Mi, V, R and T are defined in sub-item B1 above.
    Effect: total emission reduction efficiency as a percentage. This value is the product of vapour collection efficiency by the efficiency of vapour recovery or destruction.
    C. ∙ Table of saturation factors S by tank type:


    CITERNE TYPE
    CHARGEMENT MODE
    CHARACTERISTICS
    loading
    S

    Road and railway tanks

    Dome

    Washed

    0.5



    Degazée

    0.5



    Vidée (in one or more transfers)

    0.6



    Engazée (tank having been screwed with steam balancing [product saturated vapour injection])

    1


    Source

    Washed

    0.5



    Degazée

    0.5



    Vidée (in one or more transfers)

    0.5



    Engazée

    1

    Inland navigation vessel

    Source

    Vide (in one or more transfers) and uncleaned

    0.45



    Degazée

    0.25



    Engazée

    0.45


    A N N E X E 2


    PROVISIONS FOR REDUCTION OF VOC EMISSIONS RESULTING THE CHARGEMENT OF ESSENCE IN TERMINAL


    A. ∙ Provisions of a terminal


    Without prejudice to the definition given in Article 2 of this Order, in the case of loading or unloading equipment specific to a particular mode of transport of gasoline, by land (road, railway or inland waterway), are too far from other loading or unloading equipment specific to different modes of transport of gasoline to allow their connection to a common URV, these equipment will be considered as separate terminals.


    B. ∙ VOC emission reduction objectives
    terminals


    B1. Steams generated by displacement at the tank level during loading by land are returned to an URV for treatment in the terminal. This provision does not apply to existing terminals with a flow rate of less than 5,000 tonnes per year for the loading of tank trucks and tank cars or with a flow rate of less than 150,000 tonnes per year for the loading of inland navigation tank vessels.
    In the gasoline loading terminals in boats, a steam burning unit can replace an URV if vapour recovery is dangerous or technically impossible due to the volume of vapour reflux. VOC emission provisions from VRV also apply to vapour burning units.
    When the terminal has a flow of less than 25,000 tonnes per year, the intermediate storage of vapours can replace the immediate recovery of vapours at the terminal. The intermediate storage of vapours is a storage of gasoline vapours in a fixed roof tank of a terminal for further transfer to another recovery terminal. The transfer of vapours from a storage facility to another terminal is not considered an intermediate storage of vapours within the meaning of this Order.
    The operator may adopt other technical measures if it is shown that such alternatives have at least the same efficiency.
    B2. The average hourly concentration of vapours in URV exhausts, corrected for dilution during processing, does not exceed 35 grams per normal cubic meters.
    The operator ensures that the methods and frequency of measurements and analyses are established.
    The measurements shall be carried out for a minimum of seven hours.
    The measures are continuous or discontinuous. When discontinuous, it is carried out at least four measurements per hour.
    The total measurement error resulting from the equipment used, calibration gas and the process used does not exceed 10% of the measured value.
    The equipment used allows to measure concentrations at least as low as 3 grams per normal cubic meters.
    The measurement accuracy is greater than 95% of the measured value.


Done on 12 October 2011.


For the Minister and by delegation:

Director General

risk prevention,

L. Michel


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