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Directive (EU) 2015/2193 of November 25, 2015 on the limitation of emissions of certain pollutants into the air from average combustion plants has been transposed into French law. An update on the main developments and the actions to be taken to comply by December 20, 2018.
Directive (EU) 2015/2193 of November 25, 2015 has been transposed into French law through the publication of several texts:
- A decree modifying heading 2910 of the ICPE nomenclature;
- Five decrees defining the requirements applicable to installations classified 2910 and 3110 ;
- An order adding new attachments to the ICPE registration application;
- An order extending the application of cost-benefit analysis provisions to registered facilities, in order to assess the opportunity to recover waste heat through a heating or cooling network.
Modification of heading 2910 of the ICPE nomenclature
As of December 20, 2018, heading 2910 of the ICPE nomenclature changes:
- The nominal thermal power threshold has been lowered from 2 MW to 1 MW for plants subject to declaration under subheading 2910-A (natural gas, LPG, fuel oil, etc.). Installations with a rated thermal input of 1 MW or more and less than 20 MW are now subject to declaration with periodic inspection (DC).
- Subheading 2910-A no longer requires authorization. Instead, a registration system has been introduced for combustion plants with a rated thermal input of 20 MW or more but less than 50 MW.
- Activities covered by headings 2931 (internal combustion engines, combustion turbines) and 3110 (combustion of fuels in installations with a total rated thermal input equal to or greater than 50 MW) are excluded. This means that plants can no longer be classified under the two headings 2910 and 3110, making it possible to distinguish combustion plants regulated under the provisions of the MCP directive from those regulated under the provisions of the Industrial Emissions Directive (IED).
- Subheadings 2910-A and 2910-C have been merged, bringing into the scope of subheading 2910-A installations consuming biogas from installations classified under subheading 2781-1. The classification of these plants now depends on their capacity, rather than on the classification of the plant producing the biogas.
- The classification thresholds for subheading 2910-B have been modified. The registration threshold for subheading 2910-B-1 has been raised from 0.1 MW to 1 MW, while the authorization threshold for subheading 2910-B-2 has been maintained at 0.1 MW.
Read more about the ICPE classification method for combustion plants.
Combustion plants newly subject to ICPE regulations (1 to 2 MW)
Due to the lowering of the declaration threshold for sub-heading 2910-A, combustion plants with a rated thermal output of between 1 MW and 2 MW are now subject to ICPE regulations. They are subject to declaration with periodic inspection (DC) under heading 2910.
These facilities must register with the prefect before December 20, 2019. To do so, they must use the declaration teleservice or Cerfa form no. 15274*02.
They must also apply the provisions applicable to existing declared facilities, in particular the ministerial decree on general requirements.
Combustion plants: what you need to do to comply with the new rules
Several actions are planned to comply with these regulatory changes:
- Take stock of the output of your combustion systems
- Review your ICPE classification, if necessary
- Apply for prior rights, if applicable
- Identify the ministerial decree(s) applicable to your facilities
- Apply the requirements set out in decrees (requirements applicable to existing installations)
- Anticipate the necessary modifications to your combustion plants, in order to comply with emission limit values by the set deadlines (2025 or 2030, as the case may be).