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Decree Of 17 January 2003 On The Prevention Of Major Accidents In The Underground Storage Of Gas, Liquid Or Liquefied Hydrocarbons

Original Language Title: Arrêté du 17 janvier 2003 relatif à la prévention des accidents majeurs dans les stockages souterrains de gaz, d'hydrocarbures liquides ou liquéfiés

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Summary


Application of Council Directive 96 /82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances or preparations.

Keywords

INDUSTRY , FUEL , LIQUID FUEL , GASEOUS FUEL , GAS , LIQUID HYDROCARBON , LIQUEFIED HYDROCARBON , PREVENTION , PREVENTIVE MEASURE , MAJOR ACCIDENT , POLLUTION CONTROL , UNDERGROUND STORAGE , SECURITY , MANAGING , OPERATING


JORF No. 39 of 15 February 2003 Page 2781
Text No. 35


ARRETE
Decree of 17 January 2003 on the prevention of major accidents in underground storage of gases, liquid or liquefied hydrocarbons

NOR: INDI0301013A ELI: Not available


The Minister of the Interior, Internal Security and Local Freedoms and the Minister responsible for Industry,
In view of Council Directive 96 /82/EC of 9 December 1996 concerning the Control of major accident hazards involving dangerous substances or preparations;
In view of Article L. 511-1 of the Environment Code;
In light of Order No. 58-1132 of 25 November 1958 on underground storage of Gas, as amended by Law No. 2002-3 of 3 January 2002;
In accordance with Order No. 58-1332 of 23 December 1958 on the underground storage of liquid or liquefied hydrocarbons, as amended by Act No. 2002-3 of 3 January 2002;
In view of Decree No. 62-1296 of 6 November 1962 concerning the regulation of public administration for the application of the order of 25 November 1958 concerning the underground storage of fuel gas, as last amended by Decree No. 2002-1482 of 20 December 2002;
Having regard to Decree No. 65-72 of 13 January 1965 amending the Public Administration Regulation for the application of Order No. 58-1332 of 23 December 1958 on the underground storage of liquid or liquefied hydrocarbons, as amended by Last place by Decree No. 2002-1482 of 20 December 2002;
Having regard to Decree No. 88-622 of 6 May 1988 concerning emergency plans, taken pursuant to Act No. 87-565 of 22 July 1987 on the organisation of security Civil, Forest Fire Protection and Major Risk Prevention;
Due to the opinion of the Electricity and Gas Board of April 4, 2002;
In light of the opinion of the General Council of Mines as of May 15, 2002 ;
In view of the opinion of the Interdepartmental Committee on Petroleum Deposits dated June 6, 2002,
Stop:

Item 1 Read more about this Article ...


For the purpose of this order:
Product: gas, liquid or liquefied hydrocarbon stored in the basement;
Storage: set comprising the underground geological structure (s) or Natural or artificial underground cavities containing the product, the bonds of these structures or cavities with the surface, the wellheads, the surface installations necessary for the injection, the redrawing, the treatment of the Produced, the surface pipes connecting these installations to the wellheads, as well as the equipment necessary for the operation of the storage or intended to ensure its safety;
Installation: a functional technical unit inside Of storage. It includes all equipment, structures, pipelines, machinery, tools, branch lines, loading and unloading wharves, installation bridges, jetties, deposits or similar structures, floating structures Or not, necessary for the operation of the facility; the wells, including their underground portion, shall be considered as facilities for the application of this Order;
Major Accident: an event such as an emission, a Fire or major explosion resulting from uncontrolled developments during the testing or operation of the storage for human health, inside or outside storage, and/or for the environment, A serious, immediate or delayed hazard, involving the stored product or one or more hazardous substances;
Danger: the intrinsic property of a hazardous substance or a physical condition to cause damage For human health and/or the environment;
Risk: the probability of a specific effect occurring within a specified period or under specified circumstances;
Major Accident Prevention Policy: By the operator on the basis of the accidents envisaged in the study of hazards defined in Article 8 ter of the Decree of 6 November 1962 and in Article 10 of the aforementioned Decree of 13 January 1965, with a view to preventing major accidents and limiting their Consequences for humans and the environment;
Security management system: all the provisions implemented by the operator at the storage level related to the organization, functions, products and resources of all Order for the prevention and treatment of major accidents;
Operator: the holder of the authorisation for the underground storage of gas or, for underground storage of liquid or liquefied hydrocarbons, the holder of Approval for the creation and testing of underground cavities or for the development and operation of underground storage.

Article 2 Read more about this Article ...


The operator shall define the objectives, directions and means for the application of the prevention policy.
The operator shall provide information to his staff on the prevention policy of the Major accidents and the training of each of the officers for the implementation of this policy.
At all times, it is responsible for implementing and implementing provisions for the control of this application.

Item 3 Learn more about this Article ...


The operator shall keep the operators of installations referred to in Article L. 511-1 of the Environment Code informed of the risks of major accidents identified in the hazard studies defined in Article 5 as soon as When the consequences of such major accidents are likely to affect such installations.
It shall transmit copies of this information to the Prefect and the Regional Director of Industry, Research and the Environment.

Item 4 Read more about this Article ...


The operator defines and implements a security management system applicable to all facilities likely to generate major accidents.
The security management system is defined In accordance with the provisions set out in Annex I to this Order.
The operator shall assign appropriate means to the safety management system. It shall ensure its proper functioning.
It shall keep at the disposal of the Prefect and the Regional Director of Industry, Research and the Environment the balance sheets referred to in point 6 of Annex I to this
. Prefect and the regional director of industry, research and the environment a summary note presenting the results of the analysis defined in point 7.3 of Annex I.

Article 5 Read more about this article ...


1. The hazard studies defined in Article 8 ter of the Decree of 6 November 1962 and Article 10 of the aforementioned Decree of 13 January 1965 contain a document describing the major accident prevention policy referred to in Article 2 and a document A synthetic description of the safety management system provided for in section 4.
Hazard studies shall also include at least the information contained in Schedule II.
2. For the application of the last paragraph of Article 27 of the Decree of 6 November 1962 referred to above and the last paragraph of Article 27 of the Decree of 13 January 1965 referred to above, are in particular regarded as important changes in :
-the geotechnical, hydrogeological or hydrodynamic characteristics of the storage, the sealing of the casing of a gas well or capable of switching to gas;
-the installations, the connecting pipes between installations, a Deposits, a process, the nature or quantities of the substances, other than the product, intervening as additives to the product or in one of the processes implemented on storage;
-the storage environment;
-the field of Technical knowledge relating to safety, arising, for example, from the analysis of accidents or, as far as possible, significant incidents which occurred in the storage area or which the operator could have known, as well as in The evolution of knowledge in hazard assessment.
3. As a result of the review carried out under 2 above, the operator reviews if necessary:
-the hazard study, including possibly the document describing the major accident prevention policy;
-the systems And the procedures laid down in Article 4 and in Annexes I and II;
-the internal operation plan provided for in Article 16 of the Decree of 6 November 1962 and 12 bis of the Decree of 13 January 1965 mentioned above.
4. The operator shall provide the prefect and the regional director of industry, research and the environment with all particulars of the revision, before proceeding with the modification.

Article 6 Learn more about this Article ...


The internal operation plan provided for in Article 16 of the aforementioned Decree of 6 November 1962 and Article 12a of the aforementioned Decree of 13 January 1965 contains at least the information referred to in Annex III; it is Transmitted for opinion to the Health, Safety and Working Conditions Committee.
The review prescribed by Article 16 of the Decree of 6 November 1962 referred to above and by Article 12a of the Decree of 13 January 1965 above takes account in particular of the Amendments referred to in Article 5 (2), as well as those made within the means of intervention of the operator.

Article 7 Learn more about this Article ...


Without prejudice to the provisions of Article 33 of the Decree of 6 November 1962 referred to above and Article 31 of the aforementioned Decree of 13 January 1965, the operator shall be held after a major accident, using the means The most suitable:
a) To communicate to the Prefect and the Regional Director of Industry, Research and the Environment, as soon as he becomes aware of it, the following information:
-the circumstances of the accident;
-the substances Dangerous in question;
-available data to assess the effects of the accident on humans and the environment,
and
-emergency measures taken;
b) Inform them of the measures envisaged for:
-mitigate effects to The medium and long term of the accident;
-prevent the occurrence of the accident;
(c) Update the information provided if a more thorough investigation reveals new material modifying this information or the conclusions Was taken.

Item 8 Learn more about this Article ...


The Director of Regional Action and Small and Medium Industry and the Director of Civil Defence and Security shall each have responsibility for the execution of this Order, which shall be Published in the Official Journal of the French Republic.

Item Appendix


A N N E X E I
SECURITY MANAGEMENT SYSTEM


The security management system is part of the general storage management system. It defines the organization, functions of personnel, procedures and resources that enable the identification and implementation of major accident prevention policy.
The safety management system specifies, by means of Specific provisions, situations or aspects of the activity:


1. Organization, Training


The duties of personnel associated with the prevention of major accidents at all levels of the organization are described.
The training needs of personnel associated with the Prevention of major accidents are identified. The organisation of the training as well as the definition and adequacy of the content of this training are explained.
The staff external to the storage, but likely to be involved in the prevention and treatment of a major accident, is Identified. Relationships with this staff are explained.


2. Identification and Assessment of Major Accident Risks


Procedures are established to allow for the systematic identification of major accident hazards that may occur in any configuration
These procedures should be used to assess the extent of occurrence and to assess the severity of the accident risks identified.


3. Process control, operating control


Procedures and instructions are established to enable the control of processes and the operation of storage under optimum safety conditions. The stopping, starting, and stopping phases, as well as maintenance and maintenance, even under-treated, are the subject of such procedures.


4. Change Management


Procedures are established for changes to facilities and processes and for the design of new installations or processes.


5. Emergency management


In accordance with the procedures in point 2 (Identification and assessment of major accident hazards) and point 3 (Control of processes, control of operations), procedures are Established for the management of emergency situations.
Their articulation with the internal operating plans provided for in Article 6 of the Order is specified.
These procedures provide for regular experimental implementations and, if necessary, Installations.


6. Managing the Return of Experience


Procedures are established to detect significant accidents and incidents, particularly where there have been failures in prevention measures, to organize investigations and Necessary analyses, to correct the deficiencies detected and to ensure the follow-up of corrective actions. Regular balance sheets are established.


7. Control of the security management system,
audits and
7.1 management reviews. Security Management System Control


Provision is made to ensure ongoing compliance with the procedures developed within the security management system and to address potential cases of Observed noncompliance.


7.2. Audits


Procedures are established to evaluate periodically or systematically:
-compliance with the objectives set out in the major accident prevention policy;
-the effectiveness of the system Management of safety and its suitability for major accident prevention.


7.3. Management views


The system provides for management to conduct, in particular on the basis of items 6, 7.1 and 7.2, a regular and documented analysis of the implementation of the prevention policy. Major accidents and performance of the security management system.


A N N E X E I I
MINIMUM DATA AND INFORMATION TO BE CONSIDERED
THE STUDY OF DANGERS
I. -Information about the system Management and organization
of the establishment for major accident prevention


This information should cover the elements contained in Annex I.


II. -Overview of the establishment environment


A. -Description of the site and its environment, including geographical location, meteorological, geological, hydrographic and, where appropriate, historical data.
B.-Identification of facilities and other activities within the Storage that can present a major accident hazard.
C.-Description of areas likely to be affected by a major accident.


III. -Installation description


A. -Description of the main activities and operation of the parts of the storage which are important from the point of view of safety, the sources of risk of major accidents and the conditions under which this major accident could occur, A description of the planned preventive measures.
B.-Process descriptions, including operating procedures.
C.-Description of products and other hazardous substances.
1. Inventory of products comprising:
-their identification: chemical designation, CAS number, designation in IUCPA nomenclature;
-the maximum quantity of the product (s) present or that may be present.
2. Inventory of other hazardous substances comprising:
-identification of hazardous substances: chemical designation, CAS number, designation in IUCPA nomenclature;
-the maximum quantity of the substance (s) present Or that can be present.
3. Physical, chemical, toxicological and hazard characteristics, both immediate and delayed for humans or the environment.
4. Physical or chemical behaviour under normal or foreseeable conditions of use.


IV. -
accident risk identification and analysis and prevention capabilities


A. -Detailed description of possible major accident scenarios and their probabilities or conditions of occurrence including the summary of events that can play a role in the triggering of each of these scenarios, whether the causes are
B.-Assessment of the extent and severity of the consequences of the major accidents identified.
C.-Description of the technical parameters and equipment installed for the safety of the Installations.


V. -
protection and response measures to limit the consequences of an accident


A. -Description of equipment put in place on storage to limit the consequences of major accidents.
B.-Organisation of alert and internal intervention.
C.-Description of internal or external resources mobilised by The operator.
D.-Synthesis of the elements described in points A, B and C necessary to form the internal operation plan.


A N N E X E I I I
MINIMUM DATA AND INFORMATION
BE INCLUDED IN THE PLAN INTERNAL OPERATION


(a) Name or function of persons authorized to initiate emergency procedures and the person responsible for remedial action on the site and their coordination.
(b) Name or function of Responsible for liaison with the authorities responsible for the specific intervention plan.
(c) For each situation or foreseeable event that could play a determining role in the triggering of a major accident, description of the measures To take control of this situation or event and to limit its consequences, this description should be extended to the safety equipment and resources available.
d) Measures to limit the risks to persons On the site, including alert system and conduct to be held when the alert is triggered.
e) Arrangements to ensure that, in the event of an incident, the authority responsible for triggering the particular intervention plan is informed
f) The type of information to be provided immediately and measures for the provision of more detailed information as they become available.
g) Measures taken to train staff on tasks It will be expected to carry out and, where appropriate, coordinate this action with external emergency services.
h) Arrangements to support off-site remedial action.


Done at Paris, January 17, 2003.


Associate Minister for Industry,

For the Minister and Delegation:

The Director of the

Regional Action and the Small and medium industry,

J.-J. Dumont

The Minister of the Interior,

of internal security

and local freedoms,

For the minister and delegation:

The Director of Defense

and civil security,

top defence official,

C. Lavernée Galliard


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