We offer you an update on the latest regulatory developments concerning Installations Classées pour la Protection de l'Environnement(ICPE). The ICPE nomenclature has indeed been modified by two decrees published at the end of 2017 [1]: some thirty ICPE headings have been modified and 11 have been deleted.
In November 2017, two decrees modified the ICPE nomenclature. These decrees:
- delete the last 3 headings of the former nomenclature (n° 47, 70 and 195);
- remove the possibility of double classification for certain activities, in particular those covered by 2000 and 3000 headings (IED headings) whose scopes of application overlapped;
- introduce a declaration system for headings that had previously been subject to a non-threshold authorization system;
- clarify the wording of several sections.
ICPE categories deleted
- 47 - aluminum sulfate and alum production ;
- 70 - treatment of baths and sludges from metal derusting with nitric acid ;
- 195 - ferro-silicon deposits ;
- 2225 - sugar refineries, malting plants (activities already covered by 3642) ;
- 2226 - starch and dextrin mills (activities already covered by 3642) ;
- 2270 - manufacture of butyric, citric, glutamic, lactic and other organic food acids (activities already covered by 3642) ;
- 2310 - retting or scutching of flax, hemp and other textile plants (activity already covered by heading 2260) ;
- 2352 - manufacture of tanning extracts (activity already covered by heading 2260) ;
- 2525 - melting of mineral materials, including for the production of mineral fibres (activity already covered by 3650) ;
- 2542 - manufacture of coke (activity already covered by heading 3130) ;
- 2620 - workshops manufacturing organic sulfur compounds (activities already covered by 3410, c).
Modified ICPE headings
Agricultural activities, animals
| Section |
Title |
Modifications |
| 2150 |
Breeding beetles, diptera and orthoptera |
- Introduction of a declaration system
|
| 2175 |
Liquid fertilizer depot in containers with a unit capacity of 3,000 liters or more |
- The declaration system is maintained exclusively when the total capacity exceeds 100m3.
|
Food industry
| Section |
Title |
Modifications |
| 2220 |
Preparation or preservation of plant-based food products |
- Exclusion of installations already classified under heading 3642
|
| 2221 |
Preparation or preservation of food products of animal origin |
- Exclusion of installations already classified under heading 3642 and pet food manufacturing.
- Introduction of periodic inspection by an approved body for the declaration regime (DC)
|
| 2230 |
Treatment and processing of milk or milk products |
- Exclusion of installations already classified under headings 3642 and 3643
|
| 2240 |
Extraction and processing of vegetable oils, animal oils and fats |
- Exclusion of installations already classified under headings 3642 and 3410
- Elimination of the periodic inspection requirement for the declaration regime, when the facility operates for a maximum of 90 days/year and when its production capacity > 200 kg/d but ≤ 20 t/d
|
| 2260 |
Grinding, crushing, screening of vegetable substances and natural organic products |
- Exclusion of installations already classified under heading 3642
- Replacement of the notion of "installed power of all stationary machines contributing to the operation of the installation" by "maximum power of all stationary machines contributing simultaneously to the operation of the installation".
|
| 2275 |
Manufacture of yeast and other fungal products for the food industry |
- Extension of scope to include the manufacture of fungal products for food use, excluding cultivated mushrooms and facilities already classified under heading 3642.
- Introduction of declaration with periodic inspection (DC) when production capacity > 200 kg/d, but ≤ 2 t/d
|
Textiles, leather and skins
| Section |
Title |
Modifications |
| 2321 |
Fabric, felt, knitwear, mechanical lace, cordage, rope and twine workshops
|
- Replacement of the notion of "installed power to supply all the machines" by "maximum power of all the machines that can simultaneously operate the plant".
|
| 2350 |
Tanneries, furriers and all operations for the preparation of hides and skins
|
- Exclusion of installations already classified under heading 3630
- Introduction du régime de déclaration avec contrôle périodique (DC) lorsque la capacité de production > 100 kg/j et < 5 t/j
|
| 2360 |
Shoe, leather goods and leather working workshops
|
- Replacement of the notion of "installed power to supply all the machines" by "maximum power of all the machines that can simultaneously operate the plant".
|
Wood, paper, cardboard, printing
| Section |
Title |
Modifications |
| 2410 |
Working with wood and similar combustible materials
|
- Exclusion of installations already classified under heading 3610
- Replacement of the notion of "power of all the machines present in the installation" by "maximum power of all the machines that can simultaneously contribute to the operation of the installation".
|
| 2430 |
Pulp preparation
|
- Exclusion of installations already classified under heading 3610, a
- Elimination of the distinction between chemical dough preparation and other doughs
- Authorization threshold lowered to 10 t/d
- Introduction of a declaratory system with periodic inspection (DC) when production capacity > 1 t/d and ≤ 10 t/d
|
| 2440 |
Cardboard paper manufacturing
|
- Exclusion of installations already classified under 3610, b
- Abolition of the authorization threshold
- Introduction of a declaration system with periodic inspection (DC) for quantities manufactured in excess of 2 t/d
|
| 2450 |
Printing or graphic reproduction workshops
|
- Subheadings 2450-1 and 2450-2 are merged into 2450-A, with the thresholds retained from 2450-2.
|
Materials, ores and metals
| Section |
Title |
Modifications |
| 2510 |
Quarrying and other materials extraction |
- Extension of scope to other material extraction operations
|
| 2545 |
Manufacture of steel, iron, cast iron, ferroalloys |
- Replacement of the notion of "installed power of the furnace(s)" by "power of the furnace(s) likely to operate simultaneously".
|
| 2546 |
Processing of non-ferrous ores, production and refining of non-ferrous metals and alloys (industrial scale) |
- Exclusion of installations already classified under heading 3250
- Introduction of thresholds for authorization and declaration with periodic control (DC) set at 2 t/d and 100 kg/d of production capacity respectively
|
| 2547 |
Manufacture of silico-alloys or silicon carbide |
- Replacement of the notion of "installed power of the furnace(s)" by "power of the furnace(s) likely to operate simultaneously".
|
| 2560 |
Mechanical working of metals and alloys |
- Exclusion of installations already classified under headings 3230a and 3230b
- Replacement of the notion of "installed power of all stationary machines contributing to the operation of the installation" by "maximum power of all stationary machines contributing simultaneously to the operation of the installation".
|
| 2575 |
Use of abrasive materials |
- Replacement of the notion of "installed power of stationary machines contributing to the operation of the plant" by "maximum power of all stationary machines contributing simultaneously to the operation of the plant".
|
Chemicals, parachemistry
| Section |
Title |
Modifications |
| 2630 |
Soap and detergent manufacturing |
- Exclusion of installations already covered by heading 3410, k
- The notions of "industrial production" and "non-industrial production" have been removed and replaced by "production capacity".
- Declaration and authorization thresholds set at 1 t/d and 50 t/d respectively
|
| 2640 |
Industrial production of organic, mineral and natural colorants and pigments |
- Exclusion of installations already classified under heading 3410
|
| 2660 |
Polymer manufacturing or regeneration |
- Exclusion of installations already classified under heading 3410
- Introduction of declaration and authorization thresholds set at 1 t/d and 10 t/d production capacity respectively
|
Waste
| Section |
Title |
Modifications |
| 2793 |
Facility for the collection, transit, grouping, sorting or other treatment of waste explosive products |
- Sous-rubrique 2793-1, c) : seuil de déclaration correspondant à quantité équivalente totale de matière active susceptible d'être présente ≤ 100 kg et non plus strictement < 100 kg
- Subheading 2793-3: introduction of a declaration threshold for facilities where operations to destroy ammunition, mines, booby-traps, devices and explosives are carried out by specialized services and formations under the authority of the Minister of Defense, set at 30 kg of quantity of active material used per operation.
|
Varnish, paint, glue
| Section |
Title |
Modifications |
| 2940 |
Application, curing, drying of varnish, paint, primer, glue, coating, etc. |
- Replacement of the reference to heading 1521 by heading 4801 in the statement of excluded activities
|
Hazardous substances and mixtures
| Section |
Title |
Modifications |
| 4708 |
Arsenic trioxide, arsenious (III) acid and/or its salts |
- Replacement of the term "arsénique" by "arsénieux".
|
| 4718 |
Category 1 and 2 liquefied flammable gases (including LPG) and natural gas |
Introduction of 2 sub-sections:
- 4718-1 (Storage in transportable pressure vessels) :
- Authorization threshold set at 35 t (previously 50 t)
- Declaration threshold maintained at 6 t
- 4718-2 (Other types of storage) :
- Authorization threshold maintained at 50 t
- Declaration threshold maintained at 6 t
|
These amendments came into force on November 24, 2017, with the exception of those concerning heading 2630 (manufacture of soaps and detergents) which came into force on November 16, 2017.
As a reminder, for each ICPE nomenclature heading concerned by the declaration system, a decree of general requirements sets out the provisions applicable to facilities subject to these headings.
An order dated November 21, 2017 modified several general prescriptions orders to take into account the latest changes to the nomenclature. Certain general prescriptions orders thus become applicable to headings for which a declaration regime has been created:
- facilities subject to declaration under headings 2275, 2350, 2430, 2440 or 2546 are governed by the Order of December 5, 2016.
- installations subject to declaration under heading 2660 are governed by the general prescriptions order of January 14, 2000.
Conclusion
If you are an ICPE operator, we advise you to check whether any of your ICPE headings have been modified, and whether these modifications imply any action on your part: request for prior rights, request for downgrading, verification of the power ratings of installations taken into account, new DC inspection obligation, etc.
[1] Decree No. 2017-1579 of November 16, 2017 [JORF of November 18, 2017] and Decree No. 2017-1595 of November 21, 2017 [JORF of November 23, 2017].
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