What does the IED review file consist of?

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Polluting industrial and agricultural activities are governed by the 3000-series headings of the ICPE nomenclature, known as IED headings. The authorization conditions for these activities must take into account Best Available Techniques (BAT). The IED review allows these conditions to be updated, if necessary, in light of developments in these techniques. We provide an overview of the IED review file, a key element of this review procedure.

Who is affected and when?

Operators of IED activities falling under the 3000-series headings of the ICPE nomenclature :

• upon publication in the Official Journal of the European Union of the "BAT Conclusions" that concern their primary IED heading;
• if no BAT conclusions are applicable, when developments in best available techniques allow for a significant reduction in emissions;
• in the event of pollution requiring new ELVs;
• when operational safety requires other techniques;
• in the event of a new or revised Environmental Quality Standard (EQS) that must be met.

What is the deadline for preparing or submitting an IED review file?

In the first case listed above, the operator must submit their IED review file within 12 months of the publication in the Official Journal of the European Union of the "BAT Conclusions" that concern their primary IED heading.

Note: for livestock farms, this period may be extended to 24 months.

In other cases, the prefect sets a deadline of no more than 12 months by decree.

What is the scope?

The facilities that must be taken into account are those corresponding to the "IED scope," namely:

• facilities classified under headings 3000,
• associated facilities, i.e.:
  • • directly related (which would not exist without the IED activity),
    • on the same site,
    • technically linked (related to the purpose of the IED process and material flows, without necessarily having a technical connection)
    • and likely to have an impact on emissions and pollution.

Downstream processes are considered associated if they are integrated into the IED process (no break in handling).

Examples of associated facilities include a combustion plant providing heat or electricity, a wastewater treatment plant, etc.

Contents of the IED review file

File components

1) Updates regarding BAT, and, where applicable, an assessment justifying that compliance with emission limit values (ELVs) would lead to disproportionate costs compared to the environmental benefits

2) Operator's opinion on the need to update requirements in the event of:

• pollution requiring new ELVs;
• operational safety requiring other techniques;
• new or revised environmental quality standard (EQS) to be met.

3) At the prefect's request, any other necessary information (results of emission monitoring, other data allowing a comparison of the installation's operation with BAT and associated emission levels).

Note: the guide for the simplification of the review, drafted by the Ministry for the Ecological and Inclusive Transition, describes the standard content of the IED reviewfile.

Consideration of BAT

A comparison with all BAT applicable to the installation must be carried out in the IED review file, namely:

• with the main BAT
• where applicable, with secondary BAT (whether or not they have been described in conclusions) as long as the review is not concluded,
• possibly with BAT from other sources (*), when the activity is not covered by any of the BAT conclusions or when these do not take into account all environmental impacts.

(*) provided that it meets the criteria of the decree of May 2, 2013, relating to the definitions, list, and criteria of the IED directive.

Consideration of draft BREF documents

It is recommended to take into consideration the final draft versions of BREF documents that have already been published by the European Commission at the time of submission of the IED review file, in order to anticipate the future regulatory compliance of the installations.

Consideration of BAT published during the review process

When the review of the file has not yet been closed, in the event of the publication of BAT conclusions applicable to installations within the IED scope, the IED review file must be revised and supplemented with regard to this new BREF for the installations concerned. In this case, the compliance of the installations with the various applicable BAT must take place within 4 years following the publication of the "secondary" BAT conclusions.

Public participation procedure

Public participation is implemented in the following cases:

• During a periodic review requested by the operator, for which the operator seeks a derogation from the emission limit values determined by the BAT conclusions;

During a review initiated by the prefect if the pollution caused by the facility justifies revising the emission limit values specified in the prefectural decree.

The information required for the review of the facility's authorization conditions is then made available to the public.

Processing the IED review file

The time required for the inspection department to process IED review files depends on their completeness and complexity. Excluding the most complex cases, the inspection department aims to process the file within 6 months of receiving a complete submission.

At the end of the review process:

• either the prefect issues a supplementary decree (generally in the most complex cases);
• or the prefect notifies the operator, indicating the applicable ministerial decree(s) and, if necessary, other supplementary information (reminder of the chosen BAT, compliance deadlines, validated IED scope, etc.).

Note: The issuance of supplementary prefectural decrees should now be less frequent following the publication of ministerial decrees on general requirements that incorporate BAT.

Conclusion

If you have not yet prepared your IED review file, we recommend that you:

• monitor the publication of BAT conclusions and associated ministerial decrees;
• if possible, track developments in BREFs to anticipate changes as early as possible;
• when preparing the file, refer to the Guide for simplifying the review process (see the note in the "File content" section).

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