MCP Directive: reporting obligations for combustion plants (boilers, etc.)

Following the MCP Directive, operators of combustion plants (1-50 MW) must submit technical and administrative information to the authorities within specific deadlines.

Marie Faucon
Consultante HSE
Publication : 
06.03.2019
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Regulations concerning combustion plants have evolved in recent years following the transposition of Directive 2015/2193 of November 25, 2015, known as the " MCP Directive ", which regulates atmospheric emissions from medium combustion plants with a rated thermal input between 1 and 50 megawatts (MW). These installations (gas boilers, oil boilers, biomass boilers, engines, gas turbines, etc.) emit air pollutants such as nitrogen oxides (NOx), sulfur dioxide (SO2), and dust. We invite you to read our article on the developments of the MCP Directive.

The MCP Directive requires France to transmit information to the European Commission. To this end, an obligation for operators of medium combustion plants to communicate administrative and technical data to the authorities was established by Decree No. 2018-1161 of November 18, 2018 [1] and the Order of January 2, 2019 [2]. We offer a detailed overview of these obligations.

MCP Directive: who is affected?

Operators of medium combustion plants: these are installations with a capacity between 1 MW and 50 MW falling under headings 2910 and 3110 of the ICPE (Installations Classified for Environmental Protection) nomenclature.

As a reminder, a combustion plant is defined as "any group of combustion appliances operated by the same operator and located on the same site (the establishment's premises), unless the operator can demonstrate that the appliances could not be technically and economically connected to a common stack."

Note: For facilities where the initial declaration or authorization was granted before July 1, 1987, combustion appliances not connected to a common stack may be considered technically and economically unfeasible to connect to a common stack.

What information must be provided?

For each medium combustion plant located within the site of their classified facility or establishment, the operator must provide the following information:

  • the name and registered office of the operator and the address of the site where the plant is located,
  • the rated thermal input of the medium combustion plant, expressed in thermal MW,
  • the type of medium combustion plant,
  • the type and proportion of fuels used,
  • the start date of operation of the medium combustion plant or, if the date is unknown, proof that operation began before December 20, 2018,
  • the business sector of the classified facility or establishment where it is operated (NACE code),
  • the expected annual operating hours (*) of the medium combustion plant and the average load in operation,
  • in the event that the combustion plant operates for less than 500 hours per year under conditions set by an order from the minister in charge of classified facilities, a commitment not to exceed this maximum operating duration (**).

(*) operating hours = period of time (expressed in hours) during which at least one of the plant's appliances is in operation and discharging emissions into the air, excluding start-up and shut-down phases

(**) annual operating duration = rolling average of operating hours calculated over a five-year period for existing plants (declared before December 20, 2018) and over a three-year period for new plants (declared from December 20, 2018 onwards).

When must this information be provided?

For plants commissioned before December 20, 2018, the information must be submitted:

  • no later than December 31, 2023, for plants with a capacity greater than 5 MW,
  • no later than December 31, 2028, for those with a capacity between 1 MW and 5 MW.

For other plants, this information must be submitted at the project stage, prior to authorization, registration, or declaration.

How do you report them?

Operators must complete one form per facility. The information is then made available to the public online by the administration.

In conclusion, if you operate combustion plants with a capacity between 1 and 5 MW, we recommend that you:

  • verify that you have all the required information in your possession,
  • submit it within the set deadlines by completing a form for each of your affected facilities.

[1] Environmental Code, Articles R. 515-113 to R. 515-116: Medium combustion plants, created by Decree No. 2018-1161 of December 18, 2018, amending Chapter V of Title I of Book V of the Environmental Code regarding the information to be provided for medium combustion plants [Official Journal of December 19, 2018]

[2] Order of January 2, 2019, specifying the procedures for collecting data relating to medium combustion plants [Official Journal of January 18, 2019]

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