ICPE and Data Centers

Depending on the size and nature of the equipment installed for a data center project, it is important to verify whether this new facility falls under the category offacilities classified as ICPE.

This is a facility classified as requiring environmental protection. It may be an industrial or agricultural operation that could pose risks or cause pollution or nuisances, particularly with regard to the safety and health of nearby residents.

A distinction is made between accidental risks (explosions, leaks of toxic substances, fires, etc.) and chronic risks (prolonged exposure to very small amounts of pollutants that may affect public health).

The classification system for regulated facilities subjects them to an authorization or reporting requirement depending on the severity of the risks they may pose:

• Declaration (D):for the least polluting and least hazardous activities. A simple online declaration (www.service-public.fr) is required. The risk is then considered acceptable provided that the requirements set at the national level in “ministerial decrees on general requirements” are met. If the facility is subject to a declaration with inspection (DC), it is also subject to periodic inspections conducted by an accredited body.
• Registration (E):This is a simplified authorization process for sectors where the technical measures to prevent adverse effects are well-established and standardized. Prior to commissioning, the operator must submit a registration application that, among other things, demonstrates the project’s compliance with applicable general requirements. The prefect decides on the application after consulting with the relevant municipal councils and the public.
• Authorization (A):for facilities posing the highest risks. The operator must submit an application for authorization prior to commissioning, demonstrating that the risk is acceptable given the preventive and protective measures that will be implemented. The prefect may authorize or deny operation. A prefectural order formalizes the decision to grant or deny authorization. If authorization is granted, this order sets forth the requirements applicable to the facilities.

If all of the facility’s activities fall below the classification thresholds of the ICPE classification system, the facility is designatedas “Unclassified (NC).”

• ICPE Category 2910: Combustion facility – in this case, it refers to the data center’s emergency generators
• ICPE Section 4734: Specific petroleum products and alternative fuels for data centers
• ICPE Category 2925: Battery charging – this applies to the batteries in the data center’s uninterruptible power supply systems
• ICPE Category 1185: Fluorinated greenhouse gases or ozone-depleting substances – this applies to the data center’s cooling system

For these sections, you should determine which ICPE thresholds the facility falls under to identify the classification of the data center: NC/D/DC/E/A

If a data center contains multiple facilities classified as ICPEs, at least one of which requires authorization, the principle of connectivity (under the Environmental Code) means that the entire data center facility is subject to ICPE authorization.

For more information, see:
https://www.ecologie.gouv.fr/tout-savoir-sur-icpe-nomenclature-gestion-et-declaration
https://aida.ineris.fr/inspection-icpe/principes-reglementaires