Strengthening of requirements for flammable liquid storage under the registration and declaration regimes

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Two decrees dated September 22, 2021, have significantly modified the requirements concerning the storage of flammable liquids within classified facilities subject to the declaration or registration regime.

These modifications constitute a new component of the "post-Lubrizol" plan, following the changes made to the storage requirements for flammable liquids within classified facilities subject to the authorization regime and the changes made to the requirements for warehouse storage.

The two modified regulatory decrees are as follows:

• Ministerial Decree of June 1, 2015, concerning general requirements applicable to facilities subject to the registration regime under at least one of headings 4331 or 4734 of the nomenclature of classified facilities for environmental protection: "AMPG registration";
• Ministerial Decree of December 22, 2008, concerning general requirements applicable to classified facilities subject to declaration under one or more of headings 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747 or 4748, or for crude oil under one or more of headings 4510 or 4511: "AMPG declaration".

They are thus brought into line with the texts applicable to the authorization regime, particularly for storage in mobile containers, while ensuring a proportionate approach for these less restrictive regimes.

The modifications come into force on 1^st January 2022 with adapted compliance deadlines for existing facilities.

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

The "registration" AMPG applies to all storage of flammable liquids present within a classified facility subject to the registration regime under headings 4331 and/or 4734, whether carried out in fixed above-ground or underground tanks or in mobile containers.

Note: on 1^st June 2015, upon the entry into force of heading no. 4331 (replacing heading 1432) which included a registration regime, many facilities, previously classified under the authorization regime under heading no. 1432, had their classification changed to heading no. 4331 under the registration regime. At the time of this transition, the operators of these facilities could choose from several options:

• Continue to fully comply with the decree of October 3, 2010 concerning the storage in manufactured above-ground tanks of flammable liquids, operated within a classified facility for environmental protection subject to authorization
• Fully comply with the AMPG registration
• Or choose combined compliance with these two decrees (articles 14, 44 to 52, 58 and 59 of the decree instead of the provisions of articles 43 to 50 of the decree of October 3, 2010)

This choice is always possible. Operators are now required to inform the prefect of this choice to the administration before the 1^st January 2023.

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

These two decrees are no longer applicable:

• To storage in fixed above-ground tanks subject to the decree of October 3, 2010, concerning the storage in manufactured above-ground tanks of flammable liquids, operated within a classified facility for environmental protection subject to authorization,
• To storage in mobile containers subject to the decree of September 24, 2020, concerning the storage in mobile containers of flammable liquids, operated within a classified facility for environmental protection subject to authorization.

Strengthening of siting provisions and storage conditions

Requirements for fire prevention and control

The main changes to the decrees concern:

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*Control points for declaration facilities

*Detailed inventory of stored materials

Note: the dates mentioned in this table refer to existing facilities as of 1^st January 2022. For facilities declared or registered after this date, they must comply with all the requirements of the decrees at the time of their commissioning.

Requirements for storage in mobile containers

Both decrees introduce prohibitions on storage in fusible containers (i.e., likely to melt under the effect of fire) starting from 2024 or 2027, depending on the categories of flammable liquids (hazard property H224 or H225) and the volume of their containers.

These prohibitions do not apply to:

• Storage of a single mobile container or a group of mobile containers with a total volume not exceeding 2 m³ in a dedicated storage cabinet, provided that this cabinet is REI 120, that it is equipped with a retention system whose volume is at least equal to the total capacity of the containers, and that it is equipped with leak detection;
• Storage equipped with appropriate fire protection measures and whose design meets qualification tests according to a protocol recognized by the ministry responsible for classified facilities.

Furthermore, other provisions are added:

• Strengthening of obligations regarding fire detection and facility monitoring by remote surveillance or security guarding for outdoor storage in mobile containers exceeding 10 m³: applicable as of 1^st January 2026.
• Strengthening of retention requirements. In particular, retention systems must account for the entire volume of fusible containers.
• Specific provisions for storage in mobile containers within buildings: fire detection, automatic extinguishing, sizing of cells and storage areas
• Specific provisions for outdoor storage in mobile containers: location, fire detection, fire fighting equipment, sizing of storage areas

Conclusion

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

We recommend that you:

• Determine the administrative status of your site regarding its classification under the 'flammable liquids' categories: What is the applicable regime (declaration, registration, or authorization)? What is the date of the first administrative act that classified the site under these categories, in order to determine the applicability of the requirements based on this precedence?
• Inventory the flammable liquid storage facilities on your site and categorize them by type: fixed above-ground or underground tanks, mobile containers, and identify the applicable regulations for each.

The guidance document for 'flammable liquids' regulations needs to be supplemented to provide clarification on how to apply these two texts.

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