.svg)
The new provisions governing the monitoring of discharges of hazardous substances into water(RSDE) come into force on January 1, 2018. No fewer than 22 ministerial decrees applicable to ICPEs have been amended, setting new emission limit values (ELVs) and reinforcing monitoring obligations. Implementing these new obligations will undoubtedly be a major new challenge for the ICPE sites concerned over the next few years.
In 2018, the national program for the Reduction of Discharges of Hazardous Substances into Water(RSDE) will enter a new phase. All ICPE activities subject to registration or authorization likely to discharge such substances will be subject to new obligations grouped together in an RSDE decree, published in the Journal Officiel on October 6, 2017. The government thus intends to pursue and generalize the reduction efforts undertaken as part of the RSDE 1, and above all RSDE 2 campaigns since 2009.
What is the SRED program?
The RSDE program is part of the implementation of the 2000 Water Framework Directive (WFD), which aims to improve the quality of the aquatic environment, notably through the progressive reduction of emissions of hazardous substances.
The first national initiative to identify and reduce hazardous substances in water, known as "RSDE 1", deployed between 2002 and 2007, analyzed discharges from over 2,800 industrial sites and drew up lists of relevant substances by sector of activity. Over a hundred substances were identified, mainly belonging to the families of metals, polycyclic aromatic hydrocarbons (PAHs), benzene derivatives (BTEX), alkylphenols, halogenated volatile organic compounds (VVOCs) and brominated diphenyl ethers (BDEs).
In 2009, a second national initiative was launched, known as "RSDE 2". In an initial monitoring phase, operators were required to carry out analysis campaigns comprising six monthly measurements, covering substances likely to be present in effluents from their facilities due to the nature of their activities. In a second phase, hazardous substances discharged in significant quantities or posing a problem of compatibility with the receiving body of water were to be the subject of ongoing monitoring and/or actions to reduce their discharge, validated on the basis of a technico-economic study.
All of these actions were prescribed to the operators concerned by means of individual prefectoral decrees. Based on the data collected and feedback from the RSDE 2 action, the French Ministry of Ecological Transition is establishing, as of 2018, a new regulatory framework, applicable nationwide, to govern discharges of hazardous substances into water from ICPEs subject to authorization and registration. This is the purpose of the RSDE decree, which amends 22 ministerial decrees, namely the "integrated" decree of February 2, 1998[1], and 21 sectoral decrees concerning, in particular, surface treatment and coating activities, paper mills, glassworks, storage of flammable liquids, combustion facilities, the agri-food sector and waste treatment activities.
What are the changes brought about by the new RSDE ministerial decree?
With this RSDE decree, the government is pursuing the following main objectives:
- Update the provisions of the ICPE ministerial decrees that are deemed obsolete or do not correspond to the new European and national objectives for the control of micropollutant discharges into water;
- Extend the effort to reduce emissions of hazardous substances into water to all sites subject to authorization and registration and discharging a certain flow of pollutants;
- Introduce the monitoring of new hazardous substances and propose appropriate ELVs, in line with the results of the SRED 2 campaign and the references to best available techniques (BAT) defined under the IED directive;
- Put an end to ongoing SRED monitoring and establish a definitive common framework for the permanent monitoring of emissions of hazardous substances from ICPEs.
Extension of RSDE regulations
The main change resulting from the adoption of the decree is the extension of the SRED regulation to all classified facilities subject to authorization and registration that are likely to have significant discharges of hazardous substances.
Simplification and clarification of regulations
The notion of "mixing zones", defined as areas adjacent to discharge points, is introduced. In these mixing zones, concentrations of one or more hazardous substances may exceed environmental quality standards, provided that compliance with these standards for the rest of the water body is not compromised.
The objective of "eliminating" priority hazardous substances (21 substances to be eliminated by 2021) has been clarified: the aim is rather to achieve a maximum reduction in discharge levels of these substances, at an economically acceptable cost. When the discharge medium is identical to the sampling medium, the operator is exempted from carrying out reduction actions if he can demonstrate that the priority hazardous substance is present upstream of the site and is unrelated to the activities carried out by the industrial facility.
ELVs are less stringent for plants connected to an industrial wastewater treatment plant (ICPE 2750) or mixed wastewater treatment plant (ICPE 2752), than for direct discharge into the natural environment (depending on the treatment capacity of the plant). In the case of connection to a collective urban wastewater treatment plant, however, the limit values are the same as for a site with discharge into the natural environment, due to uncertainties concerning the treatment of hazardous substances.
Substances newly concerned
New substances fall within the scope of the new system. These are mainly biocides and plant protection products.
New emission limit values
New emission limit values (ELVs) are set based on the results of the RSDE 2 campaign. For substances quantified infrequently during initial monitoring, ELVs are set identically for all sectors. For substances quantified more frequently and representing significant cumulative flows, sector-specific ELVs are set. The Ministry's stated aim is to set ELVs adapted to each sector, so that they can be complied with.
Emissions monitoring
The "perennial monitoring" measures prescribed under the RSDE 2 action plan have been discontinued. The monitoring procedures laid down nationally will replace the provisions previously laid down by prefectoral decree.
In concrete terms, operators must set up a self-monitoring program for any hazardous substance whose authorized discharge flow exceeds the thresholds involving ELVs in concentration. However, no new initial analysis campaign is required for substances newly introduced by the decree and not covered by SRED 2.
Sampling and analysis requirements have also been tightened to guarantee the reliability of measurement results. These operations must be carried out in accordance with an INERIS guide currently being adopted.
Finally, at least once a year, measurements must be carried out by an accredited organization on a sample taken under accreditation by an organization accredited to standard NF EN ISO/CEI 17025. The analysis laboratory and the methods of intervention must be chosen in agreement with the inspectorate for classified installations.
The new provisions for monitoring discharges of hazardous substances into water come into force on January 1, 2018. However, except in special cases, the other provisions of the RSDE decree - notably the ELVs - will apply to existing facilities from January 1, 2020.
[1] Arrêté du 2 février 1998 relatif aux prélèvements et à la consommation d'eau ainsi que aux émissions de toute nature des installations classées pour la protection de l'environnement soumises à autorisation.