Classified installations: Stricter requirements for medium combustion plants

The ICPE regulation governing the operation of Medium Combustion Plants (MCP) was amended by the decree of December 8, 2022.

Geoffrey Ponthier
Consultant HSE
Publication : 
14.02.2023
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The decrees governing the operation of medium combustion plants (MCP) subject to ICPE regulations (under headings 2910, 2931, and 3110) were amended by a decree dated December 8, 2022. These include the following:

The decrees governing the operation of medium combustion plants (MCP) subject to ICPE regulations (under headings 2910, 2931, and 3110) were amended by a decree dated December 8, 2022. These include the following:

  • Decree No. 1: Decree of August 3, 2018, regarding general requirements for installations classified for environmental protection subject to declaration under heading 2910;
  • Decree No. 2: Decree of August 3, 2018, regarding general requirements for combustion appliances consuming biogas produced by anaerobic digestion plants classified under heading 2781-1, included in a combustion installation classified for environmental protection subject to declaration under heading 2910;
  • Decree No. 3: Decree of August 3, 2018, regarding general requirements for installations subject to the registration regime under heading 2910 of the nomenclature for installations classified for environmental protection;
  • Decree No. 4: Decree of August 3, 2018, regarding combustion installations with a total rated thermal input of less than 50 MW subject to authorization under headings 2910, 2931, or 3110.

The primary objectives of these amendments are to:

  • transpose as accurately as possible Directive 2015/2193 of November 25, 2015, on the limitation of emissions of certain pollutants into the air from medium combustion plants (the "MCP Directive");
  • incorporate new provisions regarding the spreading of ash from biomass boilers;
  • improve the clarity of certain points and correct errors and inconsistencies.

The main changes made to these installations are listed below.

Atmospheric emissions

Decree No. 1 – 2 – 3 – 4: For all classification regimes

First, atmospheric emission limit values do not apply to combustion appliances intended exclusively for backup use in the event of a technical failure of one or more combustion appliances other than turbines, engines, or direct heat generators, and for which the operator has committed to operating them for fewer than 500 hours per year (e.g., backup boilers).

Note: This point does not apply to combustion appliances consuming biogas produced by anaerobic digestion plants classified under heading 2781-1.

A new dust limit value (100 mg/Nm3) is set for installations with a total rated thermal input greater than 1 MW and less than 2 MW, operating for fewer than 500 hours per year and using solid fuels. This value applies immediately and until December 31, 2029 (for these installations, SO2, NOx, and dust limit values were already required to be met as of January 1, 2030).

Finally, the emergence of new types of liquid fuels (other than fuel oil) in installations is taken into account. These include, for example, biofuels, which are now distinguished from solid biomass. Consequently, atmospheric emissions from installations (whether boilers, turbines, or engines) fueled by these "other liquid fuels" are regulated by new limit values or are subject to existing limit values, depending on the case.

Note: this point does not concern combustion appliances consuming biogas produced by anaerobic digestion plants classified under heading no. 2781-1.

Regarding direct heat generators (ovens, dryers), it makes the limit value for volatile organic compounds applicable (150 mg/Nm3 if the hourly mass flow exceeds 2 kg/h) for wood dryers.

Note: this point does not concern combustion appliances consuming biogas produced by anaerobic digestion plants classified under heading no. 2781-1.

Order no. 3: registration regime

The following emission limit values are amended:

  • the NOx limit value changes from 150 mg/Nm3 to 225 mg/Nm3 for installations other than turbines, engines, and direct heat generators with a power strictly less than 10 MW, operating on natural gas or biomethane and registered before January 1, 1998;
  • the NOx limit value changes from 100 mg/Nm3 to 120 mg/Nm3 for installations other than turbines, engines, and direct heat generators with a capacity of 10 MW or more but less than 20 MW, operating on natural gas or biomethane and registered between January 1, 1998, and January 1, 2014.

For continuous measurement, compliance with the three conditions for considering emission limit values as met is assessed based on operating hours during the calendar year (the three conditions remain unchanged: no validated monthly average value exceeds the emission limit values; no validated daily average value exceeds 110% of the emission limit values; 95% of all validated hourly average values during the year do not exceed 200% of the emission limit values).

Order No. 4: Authorization regime

The following emission limit values are amended:

  • the NOx limit value changes from 150 mg/Nm3 to 225 mg/Nm3 for installations other than turbines, engines, and direct heat generators with a capacity strictly less than 10 MW, operating on natural gas or biomethane and authorized before January 1, 1998;
  • the NOx limit value changes from 120 mg/Nm3 to 100 mg/Nm3 for installations other than turbines, engines, and direct heat generators with a capacity of 20 MW or more, operating on natural gas or biomethane and authorized between November 1, 2010, and January 1, 2014 (this limit value remains set at 120 mg/Nm3 for installations authorized before November 1, 2010).

Furthermore, air quality or deposition monitoring (for dust) is applicable to these installations, as defined by Article 63 of the Order of February 2, 1998. This is mandatory for operators of installations that release certain pollutants into the atmosphere exceeding a defined hourly flux (e.g., 200 kg/h of sulfur oxides, 200 kg/h of nitrogen oxides, etc.).

Documentation to be kept

Orders No. 1 and 2: Declaration regime

The content of the "classified installations file," which must be kept available for inspection by the classified installations authority by the operator, is supplemented as follows:

results of measures taken in the event of non-compliance with atmospheric emission limit values must now be kept for a period of six years;

  • records of the type and quantities of fuel used in the installation must now be kept for six years.

Order No. 3: Registration regime

The operator is now required to:

- supplement the installation logbook with a register of breakdowns or malfunctions of the secondary pollution control device for a period of at least six years;

- keep a register of the results of monitoring parameters for atmospheric emission treatment installations for a period of six years.

Order No. 4: Authorization regime

‍The installation logbook must be supplemented with a record of instances and measures taken in the event of non-compliance with atmospheric emission limit values for a period of six years.

Ash management (spreading)

Orders No. 1 – 3: Declaration and registration regimes

First, the exact origin of ash that can be placed on the market as fertilizer is specified: it refers to ash resulting from the combustion of biomass via dry or wet bottom, multicyclone, or fluidized bed or spreader-stoker combustion technologies.

The 2,000-ton annual limit for ash that can be spread is also lifted.

Requirements for installations wishing to spread their ash have been strengthened:

  • the frequency of ash analysis is defined;
  • Certain biomass combustion appliances must be equipped with a device to separate ash from under the hearth and under the multicyclone.

Finally, the technical provisions regarding land spreading have been supplemented:

- Specific conditions are defined for spreading ash on forest soils based on their pH levels.

- The dioxin and furan content of the ash must be newly characterized during the preliminary study for new spreading applications and during each regulatory flue gas inspection.

Order No. 4: Authorization regime

‍Reference is made to the requirements for waste spreading defined by the Order of February 2, 1998.

Fire and gas detection

Orders No. 1 and 2: Declaration regime

The requirement to have automatic fire detection is now generalized to all installations (and no longer limited to those located in basements). It may be installed in the room or directly on the combustion appliance.

Note: For installations with a declaration file submitted before March 1, 2023, that are not located in basements, this detection must be installed by July 1, 2024. Furthermore, this point does not apply to combustion appliances consuming biogas produced by anaerobic digestion facilities classified under heading No. 2781-1.

Furthermore, the sensitivity of gas detection must be improved. Its detection threshold must be reduced from 60% to 30% of the LEL (Lower Explosive Limit).

Note: For installations with a declaration file submitted before March 1, 2023, this detection must be modified by January 1, 2024.

Addition of requirements regarding water, waste, and accidental risks for the authorization regime

Order No. 4: Authorization regime

This order is supplemented by specific requirements regarding the prevention of water pollution, by-products and waste, noise, and the prevention of fire and explosion risks.

The challenge for operators of these facilities is to ensure that none of these new requirements have become applicable to them (if they were not already provided for in their existing prefectural order).

These new requirements also account for the exclusion of classified installations authorized under headings 2910 or 3110 from the scope of the decree of February 2, 1998. Coordination with this decree is therefore provided for.

The main additions among these new requirements are presented below.

Water:

  • Presence of one or more break tanks, disconnection basins, or any other equipment to isolate industrial water networks;
  • Presentation of water recycling measures in the facility's impact study (no requirement to update existing impact studies);
  • Justification for the use of water treatment products in the impact study. For existing facilities, if this treatment is newly implemented, the operator must submit an impact study of these discharges to the inspectorate;
  • Use of 90% biodegradable detergents;
  • Presence of a meter on abstraction installations and frequency of index readings.
  • In the case of discharge into surface water: monitoring of surface water (or even sediments, fauna, or flora) downstream of the discharge, or monitoring both upstream and downstream of the discharge regarding temperature and dissolved oxygen in the event of high discharge flow.

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Fire and explosion risk prevention:

  • Operator training (facility operation, anomaly management, alert and emergency procedures, etc.);
  • Operating instructions and emergency procedures;
  • Gas pipeline management: periodic leak testing, intervention and work procedures;
  • Identification of fuel supply pipelines;
  • Manual fuel supply shut-off device ("firefighter" valve) located outside buildings;
  • For gas-powered installations: two automatic valves linked to gas detection and a pressure switch (the detection chain is tested annually), with gas detection triggering the shut-off of the gas supply, the power supply, and an alarm at defined thresholds (30% of the LEL triggers the facility's safety shutdown);
  • For liquid fuel heating appliances, a temperature limitation;
  • A flame or temperature control device that triggers the facility's safety shutdown.