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The nomenclature of classified facilities (articles R. 511-9 and 10 of the Environment Code) was amended by two decrees in December 2013 (decrees n°2013-1205 of December 14 and n°2013-1301 of December 27).
A total of 14 headings are affected (new, modified or deleted). Among the changes, it should be noted that the expected modifications to mechanical metalworking, surface treatment and PCBs have been published, while other modifications are simply reworded.
Here are the details of the changes to the nomenclature of classified installations, heading by heading (the latter are listed in ascending order of their number):
Modification of the nomenclature of classified installations, heading by heading:
A) Heading 1180 [DELETION].
The decree abolishes heading 1180: Polychlorinated biphenyls, polychlorinated terphenyls. It is replaced by heading 2792.
In practical terms, the simple use of equipment containing PCBs or PCTs is no longer subject to ICPE.
B) Heading 2102 [modification]
The decree creates the registration regime (E): Installations other than those subject to heading 3660, holding more than 450 animal-equivalents. Prior to this amending decree, pig farms with more than 450 animal-equivalents were subject to authorization. From now on, pig farms will be subject to the authorization regime whenever the thresholds of IED heading no. 3660 (Intensive poultry or pig farming) are exceeded: i.e. more than 750 places for sows or more than 2,000 places for pigs in production.
In practical terms, this means that previously authorized facilities can be transferred to the registration regime.
C) Heading 2220 [modification]
The authorization system now applies to facilities whose activities are classified under heading 3642 (Treatment and processing of raw materials for the manufacture of food products or animal feed), whereas previously the threshold for the authorization system was set at 10 t/d of incoming products. The registration system (E) has been introduced:
- for installations not covered by heading 3642, operating for a maximum of 90 consecutive days in one year, when the quantity of incoming product exceeds 20 t/d
- for other installations with an input of more than 10 t/d Installations not covered by heading 3642, operating for a maximum of 90 consecutive days in one year, with an input of more than 2 t/d but less than or equal to 20 t/d are subject to declaration; for other installations, the threshold for declaration with periodic inspections is always between 2 t/d and 10 t/d.
In practical terms, this means that previously authorized facilities can be transferred to the registration regime.
D) Heading 2560 [modification]
The declaration threshold is raised from 50 to 150 kW, and the plant is subject to periodic inspection. A registration threshold is created for all facilities with an installed capacity of over 1000kW. The former authorization threshold of 500kW has been abolished. It now applies only to plants subject to BAT, classified under headings 3230-a (Ferrous metal processing: operation of hot-rolling mills with a capacity of over 20 tonnes of crude steel per hour) and 3230-b (Ferrous metal processing: forging operations using hammers with a striking energy of over 50 kilojoules per hammer, where the calorific power used exceeds 20 MW).
In concrete terms, in terms of classification, facilities that were previously authorized can switch to the registration or declaration regime AND facilities that were previously declared can become "unclassified".
E) Heading 2561 [modification]
The former heading "Metals and alloys (quenching, annealing or tempering)" has been changed to "Industrial production by quenching, annealing or tempering of metals and alloys". From now on, these installations are subject to Declaration with periodic inspection (DC).
In practical terms, the installations concerned will have to undergo periodic inspection (see articles R. 512-55 to R. 512-60 of the French Environment Code for details).
F) Heading 2562 [modification]
The former heading "Molten salt baths (heating and industrial processing using)" is changed to "Heating and industrial processing using molten salt baths"; the classification thresholds and regimes remain unchanged.
G) Heading 2563 [CREATION].
It concerns installations for "Cleaning-degreasing of any surface, by processes using water-based or water-soluble liquids, excluding cleaning-degreasing activities associated with surface treatment." The threshold for declaration (D) is 500 liters of products used, and for registration (E) 7500 liters.
The aim is to classify laundry cleaning activities under this specific heading, whose impact is less than that of other surface treatment activities, which remain classified under heading 2565 (see heading 2565 for possible concrete impacts).
H) Heading 2564 [modification]
Two categories are now distinguished:
A/ organohalogenated liquids or volatile organic solvents
1. over 1,500 liters (A)
2. greater than 200 liters, but less than or equal to 1500 liters (DC)
3. more than 20 liters, but less than or equal to 200 l when solvents with hazard statements H340, H350, H350i, H360D or H360F or with risk phrases R 45, R 46, R 49, R 60, R 61 or halogenated solvents with hazard statement H341 or labelled R 40 are used in an unenclosed machine. (DC)
B/ solvents not mentioned above or for vacuum processes, when the volume of the tanks exceeds 200 liters (DC)
I) Heading 2565 [modification]
Cleaning and degreasing activities covered by the new heading 2563 are excluded from heading 2565, as are activities covered by heading 2564. The activity is now also subject to authorization when cyanide is used in tanks with a volume of over 200 liters.
In concrete terms, the nomenclature of previously authorized classified facilities can be changed to registration or declaration AND previously declared facilities can become "unclassified".
J) Heading 2566 [modification]
Whereas only one system was provided for under the previous title (authorization system with no 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 2000 liters.
- Creation of authorization thresholds (A) :
1) when oven capacity exceeds 2000 liters
2) if there is no oven, when power is equal to or greater than 3000W.
In practical terms, the nomenclature of previously authorized classified facilities can be changed to a declaration system, or to 'unclassified'.
K) Heading 2567 [modification]
The former heading 2567 "Metals (galvanizing, tinning) or metallic coating of any material by immersion or molten metal spraying" is changed to "Galvanizing, tinning of metals or metallic coating of any material by a process other than chemical or electrolytic."
Whereas only one system was provided for under the previous title (authorization system with no threshold), the following changes have been made:
Creation of new authorization thresholds (A) :
- Immersion processes in molten metal, with tank volumes exceeding 1000 liters
- Metal compound spraying processes, where the quantity of metal compounds consumed exceeds 200 kg/day
Creation of a declaration threshold with periodic inspections (DC) :
- Molten metal immersion processes, with tank volumes greater than 100 liters but less than or equal to 1000 liters
- Processes involving the spraying of metal compounds, the quantity of metal compounds consumed being greater than 20 kg/day but less than or equal to 200 kg/day
In practical terms, the nomenclature of previously authorized classified facilities can be changed to a declaration system, or to 'unclassified'.
L) Heading 2661 [modification]
The decree creates a registration system (E) for the following two sub-headings:
- processes requiring special temperature or pressure conditions (extrusion, injection, molding, hot segmentation, vulcanization, etc.), the quantity of material likely to be processed being greater than or equal to 10 t/d but less than 70 t/d (heading 2661.1);
- exclusively mechanical process (sawing, cutting, grinding, crushing, etc.), the quantity of material likely to be processed being greater than or equal to 20 t/d (heading 2661.2).
The authorization threshold for heading 2661.1 has been raised from 10 t/d to 70 t/d, while the authorization threshold for heading 2661.2 has been abolished.
In concrete terms, the nomenclature of previously authorized classified facilities can be transferred to the registration regime.
M) Heading 2792 [CREATION].
The decree creates a new heading for the treatment of waste containing PCBs, distinguishing between :
1. facilities for the transit, sorting and grouping of waste containing PCBs/PCTs in concentrations exceeding 50 ppm :
a) The quantity of PCB/PCT-containing fluid likely to be present is greater than or equal to 200 t (AS)
b) The quantity of PCB/PCT-containing fluid likely to be present is greater than or equal to 2 t and less than 200 t (AS)
c) The quantity of PCB/PCT-containing fluid likely to be present is less than 2 t (DC)
2. Treatment facilities, including decontamination facilities, for waste containing PCB/PCT at a concentration greater than 50 ppm, excluding mobile decontamination facilities:
a) The quantity of PCB/PCT-containing fluid likely to be present is greater than or equal to 200 t (AS)
b) The quantity of PCB/PCT-containing fluid likely to be present is less than 200 t (A)
N) Heading 2921 [modification]
The former heading of 2921 "Cooling by dispersion of water in a stream of air (installations for)" is changed to "Evaporative cooling by dispersion of water in a stream of air generated by mechanical or natural ventilation (installations for)".
Heading 2921 covers only cooling systems that disperse water in an air stream, using evaporative cooling directly to cool the hot source. Adiabatic and dry systems are therefore excluded.
The authorization threshold has been abolished. Heading n°2921 no longer distinguishes between "closed primary circuit" and "non-closed primary circuit" plants. From now on, any plant with a maximum evacuated heat output of 3 MW or more, regardless of technology, is subject to registration (E), and any plant with a maximum evacuated heat output of less than 3 MW is subject to declaration with periodic inspection (DC).
In terms of classification, the nomenclature of classified installations, which is currently authorized, can be changed to registration or declaration.