In France, installations classified for environmental protection( ICPE) are subject to a very strict regulatory framework.
Although declarations of dangerous or unhealthy activities were introduced in Paris as early as 1806, it wasn’t until the 1810 Environmental Code that industry was regulated. Since then, numerous changes and regulations have been introduced. Here’s everything you need to know about ICPE.
The ICPE legal framework
A facility classified for environmental protection (ICPE) is any industrial or agricultural operation likely to create risks or cause pollution and/or nuisance for the health and safety of local residents, farms or the environment.
An ICPE may be operated by a natural or legal person, public or private. Examples include factories, Seveso installations, quarries, waste storage facilities, farms, etc.
The ICPE nomenclature lists the types of facilities, activities and substances stored or used, which determine which installations fall within the scope of ICPE regulations.
To counter this risk, ATEX equipment is the first step towards having the right products to warn of danger.
Constraints related to environmentally classified facilities
Depending on the type and scale of the health and environmental risks involved, the nomenclature for facilities classified for environmental protection makes these facilities subject to authorization, Recording or simple declaration.
In addition, the nomenclature determines whether facilities are concerned by major accident hazards (SEVESO) or the Industrial Emissions Directive (IED).
ICPE declaration
The least polluting and hazardous activities are thus subject only to a simple online declaration on the Service-Public.fr website. These are known as D-ICPEs, or activities that do not present a serious hazard or nuisance, but are subject to environmental regulations and ICPE declaration before commissioning.
Certain facilities may be subject to a declaration with inspection (DC regime), in which case the ICPE must be inspected periodically by an approved body.
ICPE registration procedure
The registration procedure is a simplified authorization for sectors where the measures put in place to prevent risks are standardized and similar from one site to another for the same heading.
The operator must submit a registration application before the project is commissioned. In particular, the operator must demonstrate that the technical measures taken to prevent risks and nuisances comply with the applicable general requirements.
Once the application has been submitted, a public consultation is launched prior to prefectoral authorization.
Request for authorization
If an Aiot (Activities, Installations, Ouvrages, Travaux (Aiot) includes Installations Classées pour la Protection de l’Environnement (Installations Classified for Environmental Protection)) is likely to present major environmental, health or safety risks, the ICPE is subject to an environmental authorization application prior to commissioning.
This application for authorization must demonstrate that the measures envisaged to protect the environment, property and people are sufficient and acceptable in view of the risks and impacts of the project. The ICPE can only be operated or built once this authorization has been obtained.
The project is then submitted for public consultation before being submitted to the Prefect for authorization or refusal.
In the event of cessation of activity, the Prefect must be informed at least 3 months before the date of definitive cessation (compared with one month for ICPEs subject to simple declaration). This period is extended to 6 months for a waste storage facility, a carbon dioxide geological storage site or a quarry.
Strict safety rules
In view of the risks they represent, facilities classified for environmental protection are subject to numerous safety standards. This applies in particular to fire safety and personal safety. Sadly, we all remember industrial accidents such as the AZF disaster in 2001, or the explosions at the Feyzin refinery in 1966.
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