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The organic solvents (*) (aromatic hydrocarbons, alcohols, esters, ketones, etc.) are used in many industries (paint, coating, chemistry, plastics, etc.), particularly as degreasers, strippers, cleaners, or adjuvants. Highly volatile, they contribute to ozone layer depletion and accelerate the greenhouse effect.
Over the past few years, regulations in this area have been strengthened.
Regulatory Framework
The ICPE nomenclature was modified in 2019 [1] to better account for environmental risks associated with the use of organic solvents. ICPE section No. 1978 was thus created, titled "Facilities and activities using organic solvents". This section targets 20 activities (rotary printing, surface cleaning, pharmaceutical manufacturing, etc.) that must incorporate this regulatory change into their operations.
Do you use organic solvents? Are you affected by Section 1978?
Section 1978 transposes Chapter V concerning organic solvents from Directive 2010/75/EU of November 24, 2010, on industrial emissions (integrated pollution prevention and control), known as the IED. This section came into force on January 1, 2020.
It is subject to the declaration regime for the following activities:
To calculate the quantity of solvent, we recommend that you:
- Clearly define your solvent consumption; this is the total quantity of organic solvents used in an installation per year, minus volatile organic compounds recovered for reuse.
- Calculate per activity. Do not include solvents used in other unlisted activities.
- Include equipment cleaning, but not finished product cleaning, unless otherwise specified.
What are the applicable provisions for the classified installations concerned?
A decree of December 13, 2019 [2] sets out the requirements applicable to installations falling under heading 1978.
It applies to classified installations subject to declaration included in an establishment that comprises at least one installation subject to the authorization regime or the registration regime, provided that these installations are not governed by the prefectural authorization decree or by the ministerial decree of applicable general requirements.
It sets out provisions concerning the increase in solvent quantity, air emission limit values, monitoring of atmospheric discharges, and the solvent management plan.
Increase in Solvent Quantity
An increase in solvent consumption is considered significant if it leads to an increase in VOC emissions greater than:
- 25% for:
- Installations carrying out activities and not exceeding the consumption thresholds listed in the table of Article 7 of the decree;
- Installations carrying out other activities subject to this decree and whose consumption is less than 10 tonnes per year.
- 10% for all other installations.
The prefect must be informed in case of a significant increase.
Compliance with emission limit values (ELVs)
Note: these provisions are identical to those stipulated in the decree of 2 February 1998 [3].
ELVs are set for VOC emissions associated with hazard statements H340, H350, H350i, H360D, H341 or H351.
ELVs for waste gases, diffuse ELVs, and total ELVs are specified:
- In Annex I for each activity
- In Annex II for vehicle coating industry installations
For certain activities (e.g., rotogravure, pharmaceutical product manufacturing, etc.), ELVs differ depending on whether the installation is new or existing.
An existing installation is defined as an installation in operation on 29 March 1999 or which obtained an authorization or was registered or declared before 1 April 2001, or whose operator submitted a complete application for authorization before 1 April 2001, provided that this installation was put into operation by 1 April 2002 at the latest.
When several activities are covered by heading 1978, the installation must:
- Comply with the ELVs defined in Annexes I and II for each of the activities;
- OR achieve a total emission level not exceeding that which would have been achieved by applying each ELV listed in Annexes I and II.
Derogations from compliance with the ELVs set in Annexes I and II are granted under certain conditions for:
- Operators unable to comply with the diffuse emission limit value;
- Operators of coating activities covered by point 8 of heading 1978 (other coatings) who are unable to comply with the ELVs.
When a significant increase has been made to an existing installation, the limit values applicable to the modified part of the installation are those applicable to new installations. If the operator demonstrates that the total emissions of the entire installation do not exceed the level that would have been achieved if the part that underwent the significant increase had been treated as a new installation, the prefect may authorize them to apply, for this modified part, the ELVs applicable to existing installations.
Air pollution monitoring
The operator must implement a monitoring program as soon as emission limits are OR are likely to be exceeded.
Solvent Management Plan
Affected facilities must implement a Solvent Management Plan (SMP), detailing the input and output of solvents for each installation. This plan must be submitted annually to the classified facilities inspectorate if the installation's annual solvent consumption exceeds 30 tonnes per year.
Conclusion
If you use organic solvents, we advise you, firstly, to check if this use falls under one of the activities or installations listed in section 1978. Secondly, calculate your annual consumption per activity to determine your classification.
If this section applies to you:
- Apply the provisions of the general decree of requirements unless your prefectural decree or general decrees of requirements govern the activities concerned.
Note: organic solvents must also be considered in your chemical risk assessment.
(*) Organic solvents are defined as any VOC used alone or in combination with other agents, without undergoing chemical modification, to dissolve raw materials, products or waste, or used as a cleaning agent to dissolve dirt, or as a solvent, dispersant, viscosity corrector, surface tension corrector, plasticizer or protective agent.
A Volatile Organic Compound (VOC) is any organic compound as well as the creosote fraction having a vapor pressure of 0.01 kPa or more at a temperature of 293.15 K or having a corresponding volatility under specific conditions of use.
[1] Decree No. 2019-1096 of October 28, 2019, amending the nomenclature of classified facilities for environmental protection [Official Journal of October 30, 2019]
[2] Order of December 13, 2019, relating to general requirements applicable to facilities subject to the declaration regime under section No. 1978 (facilities and activities using organic solvents) of the nomenclature of classified facilities for environmental protection [Official Journal of January 17, 2020]
[3] The Order of February 2, 1998, regulates industrial facilities subject to authorization, except for certain activities (cement factories, paper mills, glassworks, crystal factories, livestock farms... unless specific ministerial orders applicable to these facilities refer otherwise).