Classified installations: Reinforcement of requirements applicable to medium-sized combustion plants

By order of December 8, 2022, the ICPE regulations governing the operation of Medium-Sized Combustion Plants (UMC) were amended.

Geoffrey Ponthier
EHS Consultant
Update : 
12.09.2025
Publication: 
14.02.2023
Contents
Example H2
Request a demo

In a decree dated December 8, 2022, the decrees governing the operation of medium-sized combustion plants (MCP) covered by ICPE regulations (under headings 2910, 2931 and 3110) were amended. These are the following decrees:

In a decree dated December 8, 2022, the decrees governing the operation of medium-sized combustion plants (MCP) covered by ICPE regulations (under headings 2910, 2931 and 3110) were amended. These are the following decrees:

  • Arrêté n°1 : arrêté du 3 août 2018 relatif aux prescriptions générales applicables aux installations classées pour la protection de l'environnement soumises à déclaration au titre de la rubrique 2910 ;
  • Arrêté n° 2 : arrêté du 3 août 2018 relatif aux prescriptions générales applicables aux appareils de combustion, consommant du biogaz produit par des installations de méthanisation classées sous la rubrique n° 2781-1, inclus dans une installation de combustion classée pour la protection de l'environnement soumise à déclaration sous la rubrique n° 2910 ;
  • Arrêté n°3 : arrêté du 3 août 2018 relatif aux prescriptions générales applicables aux installations relevant du régime de l'enregistrement au titre de rubrique 2910 de la nomenclature des installations classées pour la protection de l'environnement ;
  • Arrêté n° 4: arrêté du 3 août 2018 relatif aux installations de combustion d'une puissance thermique nominale totale inférieure à 50 MW soumises à autorisation au titre des rubriques 2910, 2931 ou 3110.

The main objectives of these changes are to :

  • transpose as faithfully as possible Directive 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 "MCP Directive") ;
  • incorporate new provisions concerning the spreading of ash from biomass boilers;
  • improve the clarity of certain points and correct errors and inconsistencies.

The main changes to these installations are listed below.

Air emissions

Order no. 1 - 2 - 3 - 4: For all classification schemes

Firstly, the atmospheric emission limit values do not apply to combustion equipment designed exclusively to provide back-up in the event of technical failure of one or more combustion units other than turbines, engines or direct heat generators, and for which the operator has undertaken to run them for less than 500 hours a year (e.g. back-up boiler).

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

A new dust limit value (100 mg/Nm3) has been set for plants with a total rated thermal input of more than 1 MW and less than 2 MW, operating less than 500 hours a year and using solid fuels. This value applies immediately and until December 31, 2029 (limit values for SO2, NOx and dust already had to be met by these plants from January 1, 2030).

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

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

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

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

Order no. 3: registration system

The following emission limit values have been modified:

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

In the case of continuous measurement, compliance with the three conditions enabling emission limit values to be considered respected is assessed over the operating hours during the calendar year (the three conditions remain unchanged: no validated average monthly value exceeds the emission limit values; no validated average daily value exceeds 110% of the emission limit values; 95% of all validated average hourly values during the year do not exceed 200% of the emission limit values).

Bylaw no. 4: authorization system

The following emission limit values have been modified:

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

In addition, monitoring of air quality or deposition (for dust) is applicable to these installations, as defined by article 63 of the decree of February 2, 1998. This is mandatory for operators of facilities that discharge certain pollutants into the atmosphere in excess of a defined hourly flow (e.g. 200 kg/h of sulfur oxides, 200 kg/h of nitrogen oxides, etc.).

Documentation to keep

Decrees no. 1 and 2: declaration system

The content of the "dossier installations classées" (classified facilities file) that the operator must keep available for the inspection of classified facilities is completed as follows:

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

  • a record of the type and quantities of fuel used in the plant must now be kept for six years.

Order no. 3: registration system

The operator is now required to :

- complete the plant register with a record of any breakdowns or malfunctions of the secondary pollution control device over a period of at least six years;

- keep a six-year record of the results of measurements of monitoring parameters for air emission treatment facilities.

Bylaw no. 4: authorization system

‍Thefacility logbook must be completed with a record of cases and measures taken in the event of non-compliance with ELVs for atmospheric emissions over a six-year period.

Ash management (spreading)

Arrêté n° 1 - 3 : Declaration and registration system

Firstly, the exact origin of ash that can be marketed as a fertilizing material is specified: ash from dry or wet biomass combustion under the hearth, under the multicyclone or from fluidized-bed or spreader-stoker combustion technologies.

The annual limit of 2,000 tonnes of ash that can be spread has also been lifted.

The requirements for plants wishing to spread their ashes have been tightened:

  • the frequency of ash analysis is defined ;
  • certain biomass combustion appliances will have to be fitted with a device for separating ash under the hearth and under the multicyclone.

Lastly, the technical provisions governing land application have been supplemented:

- Specific conditions are defined for spreading ash on forest soils, with regard to the pH of these soils.

- the dioxin and furan content of the ash must be newly characterized during the study prior to new land application dossiers and during each regulatory control carried out on the flue gases.

Bylaw no. 4: authorization system

‍Itrefers to the waste spreading requirements defined by the decree of February 2, 1998.

Fire and gas detection

Decrees no. 1 and 2: declaration system

The requirement for automatic fire detection has been extended to all installations (not just those located in basements). It can be installed in the premises or directly on the combustion appliance.

Note: For installations whose declaration file was filed before March 1, 2023, and which are not located underground, this detection must be installed as of July 1, 2024. In addition, this point does not concern combustion appliances consuming biogas produced by methanization facilities classified under heading no. 2781-1.

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

Note: For facilities whose declaration file was submitted before March 1, 2023, this detection must be modified as of January 1, 2024.

Addition of requirements relating to water, waste and accidental hazards for the authorization regime

Bylaw no. 4: authorization system

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

The challenge for plant operators is to ensure that some of these new requirements are not newly applicable to them (if they were not initially provided for in the prefectoral decree already in force).

The addition of these new requirements also takes account of the exclusion of classified facilities authorized under headings 2910 or 3110 from the scope of the Order of February 2, 1998. It is therefore planned to coordinate them with the latter.

Among these new requirements, the main additions are presented below.

Water :

  • Presence of one or more cut-off tanks or disconnection tanks or other equipment to isolate industrial water networks;
  • Presentation of water recycling provisions in the facility's impact study (no requirement to update existing impact studies);
  • Justification of the need to use water treatment products in the impact study. For existing facilities, if such treatment is newly introduced, the operator must submit an impact study of these discharges to the inspectorate;
  • Use of 90% biodegradable detergents;
  • Presence of a meter on sampling installations and frequency of index reading.
  • In the case of discharges into surface waters: monitoring of surface waters (or even sediments, fauna or flora) downstream of the discharge, or even monitoring upstream and downstream of the discharge for temperature and dissolved oxygen in the event of a high discharge rate.

‍

Fire and explosion prevention :

  • Operator training (plant operation, fault management, warning and emergency procedures, etc.);
  • Operating instructions and emergency procedures ;
  • Managing gas pipelines: periodic leak checks, intervention and work procedures;
  • Identification of fuel supply lines ;
  • Manual fuel shut-off device ("fireman's" valve) outside buildings;
  • For gas-fed installations: two automatic valves linked to gas detection and a pressure switch (the detection chain is tested annually), gas detection triggers cut-off of the gas supply, the power supply and an alarm at defined thresholds (30% of the LEL triggers the installation's safety shutdown);
  • For liquid fuel reheaters, a temperature limitation ;
  • A flame or temperature control device that triggers a safety shutdown.