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The nomenclature of classified installations (articles R. 511-9 and 10 of the Environmental Code) was amended by two decrees in December 2013 (Decree No. 2013-1205 of December 14 and Decree No. 2013-1301 of December 27).
As a result, 14 categories have been affected (created, modified, or deleted). Notable changes include the publication of expected amendments regarding mechanical metalworking, surface treatment, and PCBs, while other modifications are simply rewordings.
Here are the details of the changes to the nomenclature of classified installations, category by category (listed in ascending numerical order):
Modification of the nomenclature of classified installations, category by category:
A) Category 1180 [DELETION]
The decree deletes category 1180: Polychlorinated biphenyls, polychlorinated terphenyls. It is replaced by category 2792.
In practical terms regarding classification, the simple use of equipment containing PCBs or PCTs is no longer subject to ICPEregulations.
B) Category 2102 [modification]
The decree creates the registration regime (E): Installations other than those subject to category 3660, holding more than 450 animal equivalents. Before this amending decree, pig farms with more than 450 animal equivalents were subject to the authorization regime. From now on, pig farms fall under the authorization regime only when the thresholds for IED category 3660 (Intensive poultry or pig farming) are exceeded: that is, more than 750 places for sows or more than 2,000 places for production pigs.
In practical terms regarding classification, facilities previously subject to authorization may now fall under the registration regime.
C) Heading 2220 [amendment]
The authorization regime now applies to facilities with activities classified under heading 3642 (Treatment and processing of raw materials for the manufacture of food products or animal feed), whereas the authorization threshold was previously set at 10 t/day of incoming products. The registration regime (E) is introduced:
- for facilities not covered by heading 3642, operating for a maximum of 90 consecutive days per year, where the quantity of incoming product exceeds 20 t/day
- for other facilities where the incoming quantity exceeds 10 t/day. Facilities not covered by heading 3642, operating for a maximum of 90 consecutive days per year, with an incoming product quantity greater than 2 t/day but less than or equal to 20 t/day, are subject to Declaration; for other facilities, the threshold for the declaration regime with periodic inspections remains between 2 t/day and 10 t/day.
In practical terms regarding classification, facilities previously subject to authorization may now fall under the registration regime.
D) Heading 2560 [amendment]
The declaration threshold is increased from 50 to 150 kW and subjects the facility to periodic inspection. A registration threshold is created for all facilities with an installed power greater than 1000 kW. The former authorization threshold of 500 kW is removed. It now corresponds only to facilities subject to BAT, classified under headings 3230-a (Ferrous metal processing: operation of hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour) and 3230-b (Ferrous metal processing: forging operations using hammers where the energy of each blow exceeds 50 kilojoules and where the thermal power used is greater than 20 MW).
In practical terms regarding classification, facilities previously subject to authorization may shift to the registration or declaration regime, AND facilities previously subject to declaration may become 'unclassified'.
E) Heading 2561 [amendment]
The former title of the heading "Metals and alloys (quenching, annealing or tempering)" is amended to "Industrial production by quenching, annealing or tempering of metals and alloys." Henceforth, these facilities are subject to Declaration with periodic inspection (DC).
In practical terms, for the facilities concerned, it will be necessary to implement periodic inspections (see articles R. 512-55 to R. 512-60 of the Environmental Code for procedures).
F) Heading 2562 [amendment]
The former title of the heading "Molten salt baths (heating and industrial treatments via)" is amended to "Heating and industrial treatments via molten salt baths"; the thresholds and classification regimes remain unchanged.
G) Heading 2563 [CREATION]
It applies to facilities for the "Cleaning and degreasing of any surface using aqueous or water-soluble liquid processes, excluding cleaning and degreasing activities associated with surface treatment." The declaration threshold (D) is 500 liters of products used, and the registration threshold (E) is 7,500 liters.
The objective is to classify under this specific heading detergent cleaning activities that have a lower impact compared to other surface treatment activities, which remain classified under heading 2565 (see heading 2565 for possible concrete impacts).
H) Heading 2564 [amendment]
Two categories are now distinguished:
A/ organohalogenated liquids or organic solvents volatile
1. greater than 1,500 liters (A)
2. greater than 200 liters, but less than or equal to 1,500 liters (DC)
3. greater than 20 liters, but less than or equal to 200 liters when solvents with hazard statements H340, H350, H350i, H360D, or H360F, or risk phrases R 45, R 46, R 49, R 60, or R 61, or halogenated solvents with hazard statement H341 or labeled R 40 are used in an open machine. (DC)
B/ solvents not covered above or for processes used under vacuum, when the tank volume is greater than 200 liters (DC)
I) Heading 2565 [amendment]
Cleaning and degreasing activities covered by the new heading 2563 are excluded from heading 2565, as are the activities covered under heading 2564. From now on, the activity is also subject to authorization when cyanide is used with a tank volume greater than 200 liters.
In practical terms regarding classification, the nomenclature of previously authorized classified installations may shift to the registration or declaration regime, AND previously declared installations may become 'unclassified'.
J) Heading 2566 [amendment]
While only one regime was provided for under the old title (authorization regime without a threshold), the following changes have been made:
- A declaration threshold with periodic inspection (DC) has been added: furnace capacity greater than 500 liters and less than or equal to 2,000 liters
- Creation of authorization thresholds (A):
1) when the oven capacity exceeds 2,000 liters
2) in the absence of an oven, when the power is 3,000W or greater.
In practical terms regarding classification, facilities previously subject to authorization may now fall under the declaration regime or become 'non-classified'.
K) Heading 2567 [amendment]
The former title of heading 2567, "Metals (galvanizing, tinning of) or metallic coating of any material by immersion or spraying of molten metal," has been amended to: "Galvanizing, tinning of metals, or metallic coating of any material by a process other than chemical or electrolytic."
While only one regime was provided under the former title (authorization regime without thresholds), the following changes have been made:
Creation of new authorization thresholds (A):
- Processes involving immersion in molten metal, where the tank volume exceeds 1,000 liters
- Processes involving the spraying of metallic compounds, where the quantity of metallic compounds consumed exceeds 200 kg/day
Creation of a declaration threshold with periodic inspections (DC):
- Processes involving immersion in molten metal, where the tank volume is greater than 100 liters but less than or equal to 1,000 liters
- Processes involving the spraying of metallic compounds, where the quantity of metallic compounds consumed is greater than 20 kg/day but less than or equal to 200 kg/day
In practical terms regarding classification, facilities previously subject to authorization may now fall under the declaration regime or become 'non-classified'.
L) Heading 2661 [amendment]
The decree establishes the registration regime (E) for the following two sub-headings:
- processes requiring specific temperature or pressure conditions (extrusion, injection, molding, hot segmentation, vulcanization, etc.), where the quantity of material capable of being processed is 10 t/day or more but less than 70 t/day (heading 2661.1);
- exclusively mechanical processes (sawing, cutting, grinding, crushing, etc.), where the quantity of material capable of being processed is 20 t/day or more (heading 2661.2).
The authorization threshold for heading 2661.1 has been increased from 10 t/day to 70 t/day, while the authorization regime has been eliminated for heading 2661.2.
In practical terms regarding classification, facilities previously subject to authorization may now fall under the registration regime.
M) Heading 2792 [NEW]
The decree creates a new heading for the treatment of waste containing PCBs, distinguishing between:
1. Facilities for the transit, sorting, or consolidation of waste containing PCBs/PCTs at a concentration greater than 50 ppm:
a) The quantity of fluid containing PCBs/PCTs likely to be present is 200 t or more (AS)
b) The quantity of fluid containing PCBs/PCTs likely to be present is 2 t or more but less than 200 t (AS)
c) The quantity of fluid containing PCBs/PCTs likely to be present is less than 2 t (DC)
2. Treatment facilities, including decontamination facilities, for waste containing PCBs/PCTs at a concentration greater than 50 ppm, excluding mobile decontamination units:
a) The quantity of fluid containing PCBs/PCTs likely to be present is 200 t or more (AS)
b) The quantity of fluid containing PCBs/PCTs likely to be present is less than 200 t (A)
N) Heading 2921 [amendment]
The former title of heading 2921, "Cooling by water dispersion in an air stream (installations for)," has been changed to "evaporative cooling by water dispersion in an air stream generated by mechanical or natural ventilation (installations for)."
Heading 2921 covers only cooling systems that use water dispersion in an air stream and directly utilize evaporative cooling to cool the heat source. Adiabatic installations and dry systems are therefore excluded.
The authorization threshold has been removed. Heading 2921 no longer distinguishes between "closed primary circuit" or "non-closed primary circuit" installation types. Henceforth, any installation with a maximum evacuated thermal power of 3 MW or more, regardless of technology, is subject to registration (E), and any installation with a maximum evacuated thermal power of less than 3 MW is subject to declaration with periodic inspection (DC).
In practical terms regarding classification, facilities currently subject to authorization may now fall under the registration or declaration regime.