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Directive (EU) 2015/2193 of November 25, 2015 on the limitation of emissions of certain pollutants into the air from medium-sized combustion plants, known as the European MCP Directive, was due to be transposed into French regulations by December 20, 2017 at the latest. Transposition should finally be effective by the end of 2018. Here's an update on the expected changes.
What does the European MCP directive cover?
The European MCP Directive covers medium-sized combustion plants with a rated thermal input of between 1 and 50 megawatts (MW), operated in industry for the production of process heat, district heating or electricity generation. It complements the IED Directive, which applies to plants with a rated thermal input of 50 MW or more.
Main change: combustion plants between 1 and 2 MW are now subject to the ICPE regulatory framework, and must be registered and declared or authorized prior to commissioning. Their operators must comply with emission limit values (ELVs) for sulfur dioxide (SO2), nitrogen oxides (NOx) and dust, and regularly monitor emissions of these pollutants as well as atmospheric carbon monoxide (CO) emissions.
In France, this transposition should lead to three major changes: modification of the ICPE nomenclature, which should come into force on December 20, 2018, adaptation of the scope of boiler atmospheric emission controls provided for in articles of the Environmental Code, and modification of the content of environmental registration and authorization dossiers.
Modification of ICPE nomenclature: headings 2910, 2770 and 2771
The draft decree abolishes the authorization system for 20 to 50 MW fuel-burning facilities (classified under heading 2910-A): they will henceforth be subject to the registration system.
It now excludes from heading 2910 the activities covered by headings 2931 (internal combustion engines, combustion turbines) and 3110 (fuel combustion in installations with a total rated thermal input equal to or greater than 50 MW). This change makes it possible to distinguish between combustion plants regulated under the provisions of the European MCP Directive, and those regulated under the provisions of Chapter III of the IED Directive. As a result, dual classification under headings 2910 and 3110 has been abolished.
The thresholds and classification system for facilities consuming products, waste that has been removed from waste status or certain biomass waste, classified under subheading 2910-B, have been modified.
Subheading 2910-C, relating to installations consuming exclusively biogas from methanization, has been deleted. The corresponding installations, which were classified under heading 2781-1, will now be classified under heading 2910-A.
Lastly, the draft decree also modifies the titles of headings 2770 and 2771 (waste heat treatment plants). For these headings, combustion plants consuming as waste only waste meeting the definition of biomass, as defined in heading 2910, are expressly excluded.
Adaptation of the Environmental Code: scope of boiler atmospheric emission controls
Following the lowering of the declaration threshold for the 2910-A to 1 MW, the draft decree adapts the scope of boiler atmospheric emission controls provided for in articles R. 224-41-1 to 3 of the Environment Code. Boilers with a rated output greater than 400 kW and less than 1 MW, and boilers with an output greater than or equal to 1 MW and less than 2 MW when their emissions are not periodically monitored under ICPE regulations, are now subject to emission controls.
Please note: the adaptation of the scope of atmospheric emission controls for boilers provided for in the Environment Code comes into force the day after publication of the decree. Existing 1 to 2 MW boilers that are not currently ICPEs will be subject to air emission limit values and periodic inspections from January 1, 2030.
Changes to the content ofenvironmental registration andauthorization dossiers under the European MCP directive
These changes simplify administrative procedures, in particular the switch from authorization to registration for combustion plants with a capacity of between 20 and 50 MW.
As a result, the content of the registration file for combustion plants has been modified to include the elements required for the greenhouse gas quota trading scheme and for the recovery of waste heat (for plants with a capacity of over 20 MW).
Following the exclusion of activities covered by heading 3110 from heading 2910, the draft decree adapts the content of theenvironmental authorization file so that the elements required for the recovery of waste heat can be presented for certain categories of plant with a capacity of over 20 MW.
Prior rights: your rights and obligations
These provisions will come into force the day after publication of the decree. However, article L. 513-1 of the French Environment Code grants grandfathering rights to existing facilities newly subject to declaration, registration or authorization, following a change in the ICPE nomenclature.
This means that an existing facility can continue to operate, without having to go through the administrative declaration, registration or authorization procedure imposed by a new heading or a lowering of the threshold, provided that the following two conditions are met:
- The plant was regularly commissioned under the previous applicable regime;
- The operator notified the Prefect of the existence of the facility no later than one year after the entry into force of the decree amending the nomenclature.
Articles R. 513-1 & 2 of the Environmental Code specify the information to be sent to the Prefect for this purpose: data identifying the operator, the location of the facility, the nature and volume of activities carried out, and the category or categories to which the facility belongs. It should be noted that the Prefect can always request additional documentation.
Grandfathering does not exempt the facilities concerned from complying with the provisions that normally apply to their activity under their new regime.