ICPE nomenclature: modification of headings 2564 and 2565

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Decree No. 2019-292 of April 9, 2019 [1] amends the ICPE nomenclature (installations classified for the protection of the environment) in order to, among other things, introduce the registration regime for several headings, including the following:

• heading 2564 – Cleaning, degreasing, and stripping of surfaces using processes involving organohalogenated liquids or organic solvents,
• heading 2565 – Metal coating or treatment (cleaning, stripping, conversion including phosphating, polishing, chemical etching, vibro-abrasion, etc.) of surfaces by electrolytic or chemical means.

Note: Heading 2521, Bitumen coating plants for road materials, is also amended by this decree. We will not detail this change in this article.

1. ICPE nomenclature: Amendment of heading 2564

Exclusion of 3670 facilities

The scope of the heading has been modified: facilities falling under heading 3670, "surface treatment of materials using organic solvents," are now excluded. Dual classification of a facility is no longer possible.

Note: Heading 3670 subjects facilities for the surface treatment of materials, objects, or products using organic solvents (operations such as priming, printing, coating, degreasing, waterproofing, gluing, painting, cleaning, or impregnating, etc.) to authorization if they have an organic solvent consumption capacity exceeding 150 kg/h or 200 t/year.

Heading 2564 has also been rewritten to distinguish between vacuum processes and non-vacuum processes, and to bring more facilities using CMR (carcinogenic, mutagenic, reprotoxic) solvents under the ICPE classification regime.

Facilities not operating with vacuum processes

Facilities using CMR solvents (category 1A, 1B, or 2) are now subject to the declaration with periodic inspection (DC) regime if the volume of the treatment tanks is between 20 l and 1500 l. Previously, only facilities using volatile CMR organic solvents or CMR halogenated solvents in a non-closed machine were subject to the DC regime when the tank volume exceeded 20 l.

Note: A machine is considered closed if the only openings during the treatment phase are those used for the extraction of gaseous effluents.

The authorization regime has been abolished. Facilities using organohalogenated liquids or organic solvents with an equivalent treatment tank volume greater than 1500 l are now subject to the registration regime. Previously, facilities using processes with more than 1500 l of non-volatile organic solvents were subject to the declaration with periodic inspection regime.

Thus, regardless of the nature of the organic solvent (volatile or non-volatile) used, processes that are not under vacuum are now grouped under a single sub-heading. Furthermore, the risk phrases mentioned have been removed following their replacement by hazard statements in accordance with the CLP Regulation.

Vacuum-based processing facilities

The threshold for the periodic inspection declaration regime remains unchanged for these facilities: the volume of tanks used for processing must still exceed 200 l.

2. ICPE nomenclature: Amendment to heading 2565

The scope of this heading has been modified: facilities falling under heading 3670, "surface treatment of materials using organic solvents," or 3260, "surface treatment," are now excluded. Dual classification for surface treatment facilities is no longer possible.

Note: Heading 3260 requires authorization for facilities performing surface treatment of metals or plastics using electrolytic or chemical processes where the volume of tanks used for processing exceeds 30 m³. [For heading 3670, see above in the section regarding heading 2564]

The authorization regime has been replaced by the registration regime. The surface treatment activities concerned (which remain unchanged) are those:

• involving the use of Cadmium;
• involving the use of Cyanides where the volume of tanks used for processing exceeds 200 l;
• using liquid-based processes, provided the volume of tanks used for processing exceeds 1,500 l.

Note: The declaration regime remains unchanged.

3. General requirements orders

Registration 2564 & 2565

An order dated April 9, 2019 [2] establishes the requirements applicable to facilities subject to registration under heading no. 2564 or heading no. 2565. It first defines common requirements, followed by requirements specific to each heading.

The scope of the order dated June 30, 2006, has been modified [3]: it now applies only to facilities classified under heading 3260. It no longer applies to facilities classified under heading 2565.

For existing facilities classified under 2565 transitioning from the authorization regime to the registration regime, the main changes are as follows:

• Operations must be conducted under the supervision (direct or indirect) of a person designated by the operator. This person must be knowledgeable about the facility's operation, the hazards and inconveniences associated with its use, the products used or stored on-site, and the procedures to be implemented in the event of an incident.
• The inventory of high-risk areas must systematically include areas involving the use or storage of flammable substances or mixtures, or those with hazard statements H300, H301, H310, H311, H330, H331, H370, or H372.
• In designated high-risk areas of the facility, repair or modification work may only be carried out after a document or file has been prepared based on a risk analysis of the work. Developing a prevention plan fulfills this requirement. Furthermore, the proper completion of the work must be verified and recorded before operations resume. A prohibition on introducing any form of heat source into areas with fire or explosion risks must be clearly posted.
• In areas identified as "Explosive Atmospheres," the electrical, mechanical, hydraulic, and pneumatic installations must be adapted to the ATEX risk.
• The content of safety and operating instructions has been updated.
• PPE (Personal Protective Equipment) suitable for emergency response must be kept near the chemical storage and usage areas. This equipment must be maintained and checked periodically, and staff must be trained in its use.
• The pH of discharged aqueous effluents must be between 5.5 and 8.5 (or 9.5 if alkaline neutralization is used), compared to the previous range of 6.5 to 9.

Declaration 2564

Another order dated April 9, 2019 [4] sets the requirements applicable to facilities subject to declaration under heading no. 2564. For facilities located within an establishment subject to authorization, this order applies when the prefectural order does not cover these installations.

It repeals and replaces the order of June 21, 2004.

For facilities existing as of April 12, 2019, the main new features are as follows:

• Specific provisions for machines using vacuum processes have been introduced regarding the treatment of emissions when using CMR products, the maintenance of purification systems, and leak testing.
• The inventory of high-risk areas must systematically include areas involving the use or storage of volatile organic solvents with hazard statements H340, H350, H350i, H360D, H360F (carcinogenic, mutagenic, or toxic for reproduction), halogenated solvents with hazard statements H341 or H351, and volatile organic solvents with hazard statements H224, H225, or H226 (flammable). [*]
• The content of safety and operating instructions has been updated [*].
• Regarding stormwater management systems, the provisions of Article 43 of the ministerial order of February 2, 1998, apply. However, the operator may propose stormwater management solutions based on infiltration.
• Regarding limit values for pollutants discharged in industrial aqueous effluents:
• the maximum COD content of 300 mg/l (for discharge into the natural environment or a network without a treatment plant) applies up to a daily flow of 50 kg/day (compared to 100 kg/day previously);
• Threshold values have been newly defined for discharge into the natural environment or a network without a treatment plant. Here are a few examples:
• the maximum nitrogen content when the daily flow exceeds 50 kg/day is 50 mg/l;
• the maximum chromium VI content is 0.1 mg/l;
• the maximum chloroform content is 0.25 mg/l.
• Regarding limit values for pollutants released via atmospheric effluents, VOC emission values are clarified in a table.
• The facility must maintain sufficient reserves of consumables used routinely or occasionally for environmental protection, such as filter sleeves, neutralizing agents, inhibitor liquids, absorbent products, foaming agents, etc.
• In the event of water withdrawal from the natural environment, the frequency of water consumption monitoring is specified: when the volume of water withdrawn exceeds 100 m3/day, consumption must be recorded daily; this record is monthly if the volume is lower.
• Provisions regarding fire hydrants have been clarified. The minimum water flow rate is set at 60 m³/h for 2 hours. The operator must be able to provide proof of the availability of water flow rates and reserves. External access to the building housing the installation must be within 200 meters of a fire hydrant. Fire hydrants must be located a maximum of 150 meters apart. [**]
• Identified risk areas must be equipped with an automatic fire detection system. [**]

[*] applicable from April 12, 2020.

[**] applicable from April 12, 2021.

Declaration 2565

The order of June 30, 1997 [5], applicable to installations declared under heading 2565, remains unchanged.

In conclusion, for sites transitioning from the authorization regime to the registration regime under heading 2564 or 2565:

• to benefit from grandfathering rights, notify the classified installations inspectorate before April 12, 2020, that the site is transitioning from authorization to registration;
• the prefectural decree remains applicable;
• apply the provisions applicable to existing installations under the April 9, 2019 "Registration 2564 & 2565" decree.

For sites classified under declaration heading 2564: take into account the April 9, 2019 "Declaration 2564" decree, particularly the changes compared to the June 21, 2004 decree.

For sites subject to declaration under heading 2565, the June 30, 1997 decree remains applicable.

[1] Decree No. 2019-292 of April 9, 2019, amending the ICPE nomenclature [JORF of April 11, 2019]

[2] Decree of April 9, 2019, regarding general requirements applicable to installations subject to the registration regime under heading No. 2564 (surface cleaning, degreasing, and stripping using organohalogenated liquids or organic solvents) or heading No. 2565 (metal coating or surface treatment by electrolytic or chemical means) of the ICPE nomenclature [JORF of April 11, 2019]

[3] Decree of June 30, 2006, regarding surface treatment installations subject to authorization under heading 2565 of the ICPE nomenclature AMENDED BY the Decree of April 9, 2019 [JORF of April 11, 2019]

[4] Decree of April 9, 2019, regarding general requirements applicable to installations classified for environmental protection subject to declaration with periodic inspection under heading No. 2564 (surface cleaning, degreasing, and stripping using organohalogenated liquids or organic solvents) of the ICPE nomenclature [JORF of April 11, 2019]

[5] Decree of June 30, 1997, regarding general requirements applicable to installations classified for environmental protection subject to declaration under heading No. 2565: Metals and plastics (treatment of) for degreasing, stripping, conversion, polishing, metallization..., by electrolytic or chemical means, or through the use of halogenated liquids [JORF of July 30, 1997]

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