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decree of February 15, 2018 amending section II of the decree of October 4... https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000036666152

Order of February 15, 2018 amending section II of the order of October 4, 2010 relating to the
prevention of accidental risks within installations classified for the protection of
the environment subject to authorization
NOR: TREP1730066A
ELI: https://www.legifrance.gouv.fr/eli/arrete/2018/2/15/TREP1730066A/jo/texte JORF
n°0052 of March 3, 2018 Text No. 8

Initial version

Public concerned: operators of installations classified for the protection of the environment (ICPE).
Subject: modifications to the prescriptions of section II relating to the seismic rules and more particularly to the
deadline for submitting studies.
Entry into force: the text enters into force the day after its publication in the Official Journal.
Notice: this order modifies the requirements relating to earthquakes for installations classified for the protection of the
environment subject to authorization and falling under the Seveso regime, in order to review the perimeter of the
installations concerned by the submission of studies in order to reserve them for installations and areas with the greatest
stakes, to ensure the integrity of the equipment at risk, through the production of inspection plans, to review the
timetables for the submission of studies and the completion of work, and to allow the taking into account local seismic
studies.
References: the text amended by this decree can be consulted on the Légifrance website
(http://www.legifrance.gouv.fr).

The Minister of State, Minister for the Ecological and Inclusive Transition,
Considering theenvironmental code ;
Having regard to the modified order of 4 October 2010 relating to the prevention of accidental risks within
installations classified for the protection of the environment subject to authorisation;
Having regard to the opinion of the Higher Council for the Prevention of Technological Risks dated January 16, 2018; Having
regard to the observations made during the public consultation carried out from December 21, 2017 to January 11, 2018, in
application of thearticle L. 123-19-1 of the environment code , Stopped :

Section 1

Section II of the decree of October 4, 2010 referred to above relating to the prevention of accidental risks within installations
classified for the protection of the environment subject to authorization is replaced by the following provisions:

“Section II
“Provisions relating to seismic rules applicable to certain installations

" Art. 9.- For the purposes of this section:

“-High threshold installation: an installation complying with the provisions of article L. 515-36 of the environment code. “-
Low threshold installation: an installation meeting the provisions of article L. 515-32 of the environment code and not
meeting the provisions of article L. 515-36 of the environment code.
“-New installation: installation having a first authorization from January 1, 2013, or part of an installation having been
the subject after January 1, 2013 of a substantial modification involving new constructions.

“-Existing installation: other installations.

"-Areas without permanent human occupation: areas with no establishment open to the public, no residential premises, no
permanent work premises, or any road traffic lane with traffic exceeding 5,000 vehicles per day and for which new
constructions are prohibited.
"- Earthquake-critical equipment: equipment whose failure in the event of an earthquake leads to dangerous phenomena
likely to generate serious danger zones (within the meaning of the ministerial decree of September 29, 2005) outside zones
without permanent human occupation outside property boundaries of the site.
“- Soil classes: local soil categories as defined in the decree of October 22, 2010 relating to the classification and
earthquake-resistant construction rules applicable to buildings in the so-called “normal risk” class.

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" Art. 10.- All classified installations subject to authorization comply with the provisions laid down for buildings,
equipment and installations in the so-called "normal risk" category by the decrees issued pursuant to Article R. 563-5 of
the Code of the environment within the deadlines and methods provided for by the said decrees.
“Articles 11,12,13 and 14 of this order only apply to equipment critical to earthquakes within high threshold and
low threshold installations.

" Art. 11.-The operator draws up and implements an inspection plan for earthquake-critical equipment identified in the
hazard study mentioned in article L. 181-25 of the environment code.
“The aim of this plan is to ensure the integrity of the equipment and the quality of their anchoring and fixings. The checks
carried out within the framework of section I of this order, or carried out under the regulations applicable to pressure
equipment, are equivalent to checks under this article. This plan can be drawn up on the basis of technical guides
recognized by the ministry in charge of the environment.
“The operator carries out the necessary maintenance during the implementation of this plan.
“The inspection plan, the report on the inspections and the follow-up given to them are made available to the inspectorate of
classified installations.
“This plan is drawn up no later than:
“- as of January 1, 2020 for existing installations;
“-on commissioning of the installation for new installations.

" Art. 12.- This article applies:

“- to existing high-threshold installations located in seismicity zone 3,4,5, or in seismicity zone 2 with soil class D or E;

“-to new high-threshold installations;

“-to existing low-threshold facilities located in seismic zone 4 or 5;
“- to new low-threshold installations located in seismicity zone 3,4,5, or in seismicity zone 2 with a soil class D or E.

“However, it does not apply to these installations when a local study provided for in article 14-2 has led to accelerations
lower than those corresponding for a given class of soil, to the weakest zones indicated in the preceding paragraphs. .
For these facilities, the prefect takes note of the local study provided for in article 14-2 submitted by the operator.

“The operator draws up an earthquake study to:

"- justify that there is no longer any earthquake-critical equipment, by applying the calculation accelerations of article 14-1-
Ia) for new installations, and of article 14-1-Ib) for existing installations, after taking into account, where applicable, article
14-2, and after taking into account, where applicable, potential hazard works as well as protective barriers remaining
operational and effective at these accelerations;
“- present all the equipment to be studied and the measures taken to ensure the sustainability of their effectiveness,
including at least the inspection plan mentioned in article 11;
“- present a timetable for the work to be carried out within the deadlines specified in Article 13, where applicable, the
prioritization of which can be justified by a technical and economic study.
“This study can be carried out using technical guides recognized by the Ministry responsible for the environment.

" Art. 13.- For new installations, the study mentioned in article 12 is produced no later than when the application for
environmental authorization is submitted and the technical means necessary for the seismic protection of the
equipment resulting from this study are put in place. commissioning of the installation.
“For existing installations, the study mentioned in article 12 is produced no later than the following date:

SEISMICITY ZONE LOW THRESHOLD INSTALLATION HIGH THRESHOLD INSTALLATION

Seismic zone 2 / December 31, 2021

Seismic Zone 3 / December 31, 2020

Seismic zone 4 December 31, 2022 December 31, 2020

Seismic Zone 5 December 31, 2018 December 31, 2018

“For existing high-threshold facilities located in seismicity zone 2, the soil class will be determined no later than
December 31, 2019.
“At the latest three years after the submission of the study mentioned in article 12, the prefect takes note by order of the
timetable for implementing the technical means necessary for the seismic protection of the installations. “This schedule must not
exceed nine years from the date of the decree. In the event that the operator undertakes to definitively shut down the
installation within these same deadlines, the prefect takes note of this in place of the timetable for the implementation of the
technical means.
“Furthermore, in the event of a change in the zoning mentioned in article R. 563-4 of the environment code, the
prefect may order the operator to carry out a new study as mentioned in article 12.

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" Art. 14.- The motion due to the earthquake at a given point on the surface of the ground, from which the rules of this
section must be applied, is represented by an elastic response spectrum (vertical and horizontal) in acceleration, denoted
by the continued “elastic response spectrum”.
"In order to carry out the earthquake study mentioned in article 12, the operator determines the spectrum in elastic
response: "-either through the seismicity zoning and the nature of the soil, in accordance with the provisions of article
14-1 ; “-or through a local seismic zoning study, in accordance with the provisions of article 14-2.

" Art. 14-1.- The elastic response spectrum established pursuant to the second paragraph of article 14, is determined with the
following parameters:
“I.-The calculation acceleration at the level of a rocky type soil (class A), resulting from the location of the installation in
relation to the seismic location zone, as defined by article R. 563-4 of the environment code and its appendix.

“a)- Considered return time of 5,000 years:

HORIZONTAL ACCELERATION OF VERTICAL ACCELERATION OF

ZONE OF
CALCULATION CALCULATION
SEISMICITY
(m/s2) (m/s2)

Seismic zone
1 0.88 0.79

Seismic zone
2 1.54 1.39

Seismic zone
3 2.42 2.18

Seismic zone
4 3.52 2.82

Seismic zone
5 6.60 5.28

“b)- Considered return time of 3,000 years:

HORIZONTAL ACCELERATION OF VERTICAL ACCELERATION OF

ZONE OF
CALCULATION CALCULATION
SEISMICITY
(m/s2) (m/s2)

Seismic zone
1 0.74 0.67

Seismic zone
2 1.30 1.17

Seismic zone
3 2.04 1.84

Seismic zone
4 2.96 2.37

Seismic zone
5 5.55 4.44

“II.-The nature of the soil through the soil parameter, S.

“The values of the soil parameter, S resulting from the class of soil under the installation are given by the following table:

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SOIL CLASSES SEISMICITY ZONES 1 to 3 SEISMICITY ZONE 4 to 5

AT 1.0 1.0

B 1.35 1.2

VS 1.5 1.15

D 1.6 1.35

E 1.8 1.4

“III.-TB and TC, which are respectively the lower and upper limit of the periods corresponding to the level of constant
spectral acceleration, and TD which is the value defining the start of the branch with constant spectral displacement.

“The values of TB, TC and TD, to be taken into account for the evaluation of the horizontal components of the seismic
movement, expressed in seconds, are given by the following table:

SOIL CLASSES SEISMICITY ZONES 1 to 3 SEISMICITY ZONE 4 to 5

TB CT TD TB CT TD

AT 0.03 0.2 2.5 0.15 0.4 2

B 0.05 0.25 2.5 0.15 0.5 2

VS 0.06 0.4 2 0.2 0.6 2

D 0.1 0.6 1.5 0.2 0.8 2

E 0.08 0.45 1.25 0.15 0.5 2

“The values of TB and TC and TD to be taken into account for the evaluation of the vertical components of the
seismic movement whatever the soil class, expressed in seconds, are as follows:

SEISMICITY ZONE TB CT TD

1 to 3 0.03 0.20 2.5

4 to 5 0.15 0.40 2

" Art. 14-2.- The elastic response spectrum established pursuant to the third paragraph of article 14, is determined
through a local seismic zoning study relating to the perimeter of the installation carried out by an organization
approved in accordance with article 15 below, for return periods of 5000 years and 3000 years respectively for new and
existing installations.
“Thus calculated, the elastic response spectra for new installations cannot be lower than those which would have been
calculated in accordance with the provisions of article 14-I-1-a), taking into account the seismicity zone, defined in article
R. 563-4 of the environment code, directly lower than that of the area where the installation is located.

" Art. 15.- To be approved within the meaning of this section, organizations must send an application for approval to
the Minister responsible for classified installations. This file includes:
“- the application for approval specifying the company name or the name of the body, the address of the registered office, the legal
structure as well as the capacity of the signatory of the application;
"-a document specifying the surname, first name, training and professional experience over at least 5 years of at least one
responsible manager or executive competent to carry out or have carried out under his responsibility the seismic zoning studies
mentioned in section 14-2;

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“-a list of at least five seismic zoning studies carried out up to the time of the request and demonstrating its ability to
carry out these studies; this list will mention the calculation models used and will justify their accreditation;
“Accreditation is renewed every five years by the minister responsible for classified installations, after examination of a
renewal request sent under the same conditions as the initial request. The seismic zoning studies must then be different
from those transmitted during the first application for approval or the last application for renewal.

“The Minister responsible for classified installations may suspend or withdraw the approval of an organization in the event of non-
compliance with the procedures or in the event of fraudulent modification of the study results. »

Section 2

The Director General of Risk Prevention is responsible for the execution of this decree, which will be published in the Official
Journal of the French Republic.

Dated February 15, 2018.

For the Minister of State and by delegation:

The Director General of Risk Prevention, Mr.
Mortureux

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