Authorized facilities: modification of the decree of February 2, 1998 concerning chronic discharges

A decree dated February 28, 2022 reinforces the requirements applicable to ICPEs requiring authorization, to govern chronic discharges and environmental monitoring.

Fabien Gélisse
EHS Consultant
Update : 
12.09.2025
Publication: 
05.07.2022
Contents
Example H2
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An order dated February 28, 2022 modified the general requirements applicable to classified facilities subject to authorization in terms of chronic discharges, as defined by the order of February 2, 1998 on water withdrawals and consumption, as well as emissions of all kinds from facilities classified for environmental protection subject to authorization.

Its purpose is to set national, cross-cutting requirements for the prevention of chronic risks at ICPE facilities subject to authorization. It also clarifies certain provisions.

Most of the newly-introduced requirements were already present in the prefectoral decrees governing the operating conditions of classified facilities subject to authorization.

Note: some of the requirements of this decree may be made applicable to classified installations subject to the registration or declaration regime through the general requirements decrees for the headings concerned. For example, the requirements of article 43 of the decree of February 2, 1998 are applicable to installations classified under the declaration regime for heading n°2910 (Combustion plant).

Operators should therefore ensure that they are familiar with the general prescriptions applicable to their site, even if it does not fall under the authorization regime. What's more, this decree may be made applicable, in whole or in part, by a prefectoral order.

Updating the scope of the Order of February 2, 1998

For greater clarity, excluded headings are now designated by name.

In addition, to take account of changes in the ICPE nomenclature, facilities authorized under the following headings are clearly excluded: 3110, 3260, 3310-1, 3330, 3340, 3610-a, 3610-b, 3641, 3650 and 3660.

It should also be noted that the storage facilities covered by the Order of September 24, 2020 on the storage of flammable liquids in mobile containers, operated within a facility classified for environmental protection and subject to authorization, are excluded from the application of this text.

Provisions applicable to pipeline management

These new provisions are designed to ensure that pipelines used to transport unhealthy fluids and to collect polluted or potentially polluted effluents are properly maintained (periodic inspections to ensure that they are watertight, identification in accordance with current regulations, design to ensure that polluted water is properly treated before being discharged into the receiving environment authorized to receive it).

The content of water supply and collection network plans has been expanded to include :

  • source and distribution of feed water;
  • supply protection devices (disconnection tank, installation of backflow preventers or any other equivalent device enabling isolation from the food supply, etc.);
  • collected sectors and associated networks ;
  • structures of all kinds (valves, meters, etc.);
  • internal treatment works, monitoring points and discharge points of all kinds.

These provisions apply to new and existing facilities from July 1, 2023.

Provisions applicable to discharges into the air or water

Effluent collection and treatment facilities

  • Incidents leading to the shutdown of aqueous effluent collection, treatment or recycling facilities, as well as the causes of these incidents and the remedial action taken, must be recorded in a register (Art. 19) ;
  • The operation of effluent treatment plants is entrusted to suitably trained and competent personnel (Art. 19).

Discharge on or into the ground

  • It may be authorized for water from the treatment of polluted groundwater (subject to prefectoral authorization) and for land application (Art. 25).

Isolation of wastewater networks

  • A system must be in place to isolate the facility's sewage system from the outside world. Devices must be maintained, indicated and operable in all circumstances. Their preventive maintenance and operation must be defined by instructions (Art. 49).

Discharge monitoring program

  • The measurement methods used ensure reliable, repeatable and reproducible measurements (Art. 58).
  • In the case of discharges into water, if there is at least one annual measurement, the operator must have a recalibration check carried out at least once every two years, on the one hand by the operator, and on the other hand by an analysis laboratory, of its emissions for all measurements carried out at an annual frequency or more (Art. 58). Note: If the operator's emissions are already monitored by an accredited laboratory, the calibration check does not apply, provided that the measurements (sampling and analysis) are carried out under accreditation.

Open-air burning

  • All open-air burning is prohibited, with the exception of fire tests and specific operations provided for in the prefectoral decree. In such cases, the quality and quantity of the products burned must be identified (Art. 59 bis).

The provisions of Articles 19 and 49 above apply to new and existing facilities from July 1, 2023. The other points mentioned above are already applicable.

Groundwater monitoring

Groundwater monitoring outside the context of pollution (Art. 65)

Outside the context of pollution, when a facility subject to authorization under one of the headings listed in the table (the list of headings concerned remains unchanged) of article 65 exceeds one of the thresholds mentioned in this same table, the operator of this facility must newly :

  • Rely on a hydrogeological study to determine the need for monitoring and the number of structures to be created (at the very least, these structures should be installed in such a way as to avoid areas of activity or storage that could constitute potential sources of pollution);
  • Adopt, where appropriate, a monitoring plan for each groundwater table to be monitored;
  • Register monitoring structures in BRGM's Banque du Sous-Sol ;
  • Take, package and analyze water samples in accordance with standardized methods;
  • Report any anomalies detected to the Classified Installations Inspectorate as soon as possible. In the event of results showing one or more atypical concentrations on the rise, the operator must carry out an additional measurement campaign within a period not exceeding three months. If these results confirm groundwater pollution, the operator must determine, and justify by all appropriate means, whether its activities are the cause of all or part of the pollution observed. It informs the Prefect of the results of its investigations and, where appropriate, of any measures taken or planned.

These new provisions will apply to new and existing facilities from July 1, 2023. Hydrogeological studies carried out under the previous provisions are deemed to be hydrogeological studies within the meaning of this article 65.

Groundwater monitoring during periods of pollution (Art. 65 bis)

Where groundwater is polluted as a result of their activity, facilities must comply with the provisions for non-polluted groundwater (monitoring plan, registration of monitoring structures in BRGM's Banque du Sous-Sol, etc.).

In addition, when groundwater pollution monitoring is in place, a four-yearly review is carried out. This review summarizes all the results collected since the monitoring was set up, and analyzes the dynamics.

These provisions will apply to new and existing facilities from July 1, 2023. Studies of the hydrogeological context carried out in application of previous provisions are deemed to be hydrogeological studies within the meaning of this article 65 bis.

Additional provisions for certain IED installations

For plants whose conclusions on the main best available techniques are those for :

  • Organic fine chemicals (OFC) ;
  • Specialty inorganic chemistry (SIC) ;
  • polymer manufacturing (POL) ;

the publication of conclusions on Best Available Techniques (BAT) for common off-gas treatment/management systems in the chemical sector (WGC) will trigger the review procedure.

In addition, the operator of an IED facility is required to monitor groundwater and soil, if relevant hazardous substances or mixtures are likely to be present on site, and to characterize any pollution at a minimum on the structures/points referenced in the baseline report where applicable, or, if technically impossible, on structures/points of equivalent representativeness.

Samples and analyses are carried out :

  • every 5 years for groundwater
  • every 10 years for soils.

These provisions apply to new and existing facilities from July 1, 2023.

Another decree dated February 28, 2022 has modified the general requirements applicable to classified facilities subject to authorization in terms of accidental risk prevention, as defined by the decree dated October 4, 2010 (see other article of the month) relating to accidental risk prevention in facilities subject to authorization for environmental protection.

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