New general requirements for certain classified installations subject to declaration

As a reminder, an arrêté ministériel de prescriptions générales (AMPG) (ministerial decree on general requirements) concerns installations classified for environmental protection(ICPE) subject to registration or declaration. For each ICPE nomenclature heading, it sets out the provisions applicable to classified facilities subject to these headings.

The decree of December 5, 2016 (*) defines the general requirements applicable to all ICPEs subject to declaration under headings of the nomenclature of classified installations for which no specific AMPG existed.

The following 32 ICPE headings are affected by the provisions of this transverse AMPG: 1414.2.c, 1450.2, 1532.3, 2113.2, 2130.2.b, 2171, 2175.2, 2180.2, 2230.2, 2240.2, 2252.2, 2311.2, 2321, 2355, 2410.B.2, 2420.2.b, 2445.2, 2630.3, 2631.2, 2640.2.b, 2690.2, 2915.b.2, 4310.2, 4320.2, 4321.2, 4440.2, 4441.2, 4442.2, 4705.2, 4706.2, 4716.2, and 4801.2 (**).

Essential aspects of pollution and risk prevention for all these facilities are regulated.

Applicability of the decree to new and existing plants

The decree applies in full to new facilities declared on or after January^1, 2017.

The decree does not apply to existing classified facilities (i.e. declared before January 1, 2017) subject to a prefectoral decree of general requirements or special requirements.

For existing facilities not covered by a prefectoral decree, some of the provisions apply according to the following schedule:

From January 1, 2017:

• Title 1: General provisions except 1.1 (conformity of the installation), 1.3 (content of the declaration) and 1.4 (classified installation file) for existing installations operating under acquired rights.

Effective January 1, 2018:

• Title 3: Operation and maintenance except 3.3 and 3.5
• 4.3: Location of risks
• Title 7: Waste except 7.3
• Title 9: Restoration at the end of operations

Effective January 1, 2019:

• 2.2: Aesthetics and cleanliness
• 3.3: Product knowledge - labelling
• 3.5: Inventory of hazardous products
• 4.1: Personal protection
• 5.1.1 : Water/SDAGE compatibility
• 5.1.3 : Sampling
• 5.4 : Discharge volumes
• 5.9 : Pollution discharge monitoring
• 7.3 : Waste storage

From January 1, 2020:

• 2.6: Ventilation
• 2.7 and 2.8: Electrical installations and earthing
• 2.11: Retention basins
• 4.2 : Fire-fighting equipment
• 4.4 : Equipment for use in potentially explosive atmospheres
• 4.6 : Safety instructions
• 5.5: Discharge limit values
• 5.7: Accidental pollution
• 5.8 : Spreading
• Title 6: Air Odors except 6.1.2
• Section 8: Noise and vibration
• Title 10: Special provisions applicable to certain headings except 10.3
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Articles 2.1, 2.3, 2.4, 2.5, 2.9, 2.10, 4.5, 5.1.2, 5.2, 5.3, 5.6, 6.1.2 and 10.3 do not apply to existing plants.

For facilities classified under heading 2130, only part of the decree applies: general provisions, measures concerning electrical installations, operation and maintenance, waste and site restoration.

The provisions of the decree also apply to installations subject to declaration (covered by one of the headings concerned by this AMPG) included in a facility that includes at least one installation subject to authorization, where these installations are not governed by the prefectoral authorization decree.

Classified facilities: content of the order of December 5, 2016

The decree first defines the general provisions applicable: plant conformity, notification of the Prefect in the event of major modification, declaration content, the Classified Installation file, accident or pollution declaration, change of operator and cessation of activity.

The decree lays down a number of provisions relating to siting and layout: siting rules, integration into the landscape, prohibition of premises occupied or lived in by third parties, fire behavior of premises, accessibility for fire and rescue services, ventilation, electrical installations, equipment earthing, boiler room, retention of work areas and premises and retention basins.

Special provisions apply to certain headings:

• for headings 2113, 2130 and 2420 with regard to the distance from the plant site
• and for headings 1450, 1532, 2230, 2240, 2311, 2321, 2410, 2420 and 2640 with regard to fire behavior.

With regard to plant operation and maintenance, facilities must comply with the following provisions in particular: appointment of a competent person to oversee operations, prohibition of unrestricted access by outsiders, knowledge of products (in particular via safety data sheets), labeling in compliance with the CLP regulation, cleanliness of premises and keeping of a register of the state of stocks of hazardous products.

Measures relating to personal protection, fire-fighting equipment, risk location, equipment for use in potentially explosive atmospheres, work permits and safety instructions are set out.

The decree also lays down provisions on the following water-related points: compatibility with the SDAGE (master plan for water development and management), articulation with the water nomenclature (IOTA), withdrawals, water consumption, the collection network, rainwater drainage, discharge volume measurements, discharge limit values, prohibition of groundwater discharges and prevention of accidental pollution. In addition, land application is authorized, subject to conditions, only for headings 2113, 2130, 2171, 2180, 2230, 2240, 2252, 4705 and 4706. For the other headings covered by the decree, the spreading of waste, effluents and by-products is prohibited. Annex II sets out the technical provisions to be applied to land application. In particular, it sets the thresholds for metallic trace elements and organic substances above which waste, effluent and by-products may not be spread, as well as the elements for characterizing the agronomic value of effluent or waste and soils to be taken into account as part of a study prior to spreading.

Facilities subject to headings 2230, 2240, 2252, 2311, 2630, 2631 and 2640 must also implement measures to monitor pollution discharged.

The decree sets out provisions concerning air and odors: atmospheric discharge points, including a ban on diluting effluents without authorization, the height of the discharge point, limit values and discharge conditions.

The decree also provides a framework for waste management, circuit control (obligations to keep records, declare waste production and treatment, and ensure traceability, as stipulated in the French Environment Code), waste storage, hazardous waste (including tracking slips), and a ban on open-air burning of liquid, solid and gaseous waste.

The decree sets noise limit values and deals with noise and vibrations from vehicles and site machinery, as well as monitoring of noise pollution by the operator.

Lastly, the decree deals with site restoration at the end of operations, with the aim of ensuring that there is no longer any danger present, particularly as regards hazardous products, waste and tanks that have contained products likely to pollute water.

Special provisions relating to the cooling and storage of charcoal apply to installations subject to heading 2420.

For newly-declared plants subject to the 2915 heading, special provisions apply to the generator and exchangers, depending on whether or not they are in the same room.

Conclusion

Operators of existing facilities (declared before January^1, 2017) falling under a heading concerned by this AMPG must identify and implement, if they have not already done so, the provisions applicable to them since January¹, 2017. They must then prepare for the next three deadlines: January¹, 2018, January¹, 2019 and January^1, 2020.

(*): Arrêté du 5 décembre 2016 relatif aux prescriptions applicables à certaines installations classées pour la protection de l'environnement soumises à déclaration [JORF du 11 décembre 2016]

(**) :