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Organic solvents (*) (aromatic hydrocarbons, alcohols, esters, ketones, etc.) are used in many industries (paint, coatings, chemicals, plastics, etc.) as degreasers, strippers, cleaners and additives. Highly volatile, they contribute to the destruction of the ozone layer and accelerate the greenhouse effect.
For several years now, regulations have been tightening in this area.
Regulatory framework
The ICPE nomenclature has been amended in 2019 [1] to take better account of the environmental risks associated with the use of organic solvents. The ICPE heading n°1978 has thus been created "Installations and activities using organic solvents". This heading covers 20 activities (web printing, surface cleaning, pharmaceutical manufacturing, etc.) which must incorporate this regulatory change into their operations.
You use organic solvents: are you concerned by the 1978 regulations?
The 1978 heading transposes Chapter V on organic solvents of Directive 2010/75/EU of November 24, 2010 on industrial emissions (integrated pollution prevention and control), known as the IED Directive. This heading comes into force on January 1, 2020.
The following activities are subject to declaration:
To calculate the quantity of solvent, we invite you to :
- Clearly define your solvent consumption: this is the total quantity of organic solvents used in a plant per year, minus the volatile organic compounds recovered for reuse.
- Calculate by activity. Do not include solvents used in other activities not listed.
- Take into account the cleaning of the equipment, but not the cleaning of the finished product, unless otherwise specified.
What provisions apply to the classified facilities concerned?
An order dated December 13, 2019 [2] sets out the requirements applicable to installations subject to the 1978 heading.
It applies to classified installations subject to declaration that are part of an establishment that includes at least one installation subject to authorization or registration, provided that these installations are not governed by the prefectoral authorization order or by the ministerial order laying down the applicable general requirements.
It sets out provisions for increasing solvent quantities, air emission limit values, air emission monitoring and solvent management plans.
Increased solvent quantity
An increase in solvent consumption is considered significant if it leads to an increase in VOC emissions greater than :
- 25% for :
- Facilities carrying out the activities and not exceeding the consumption thresholds listed in the table in article 7 of the order;
- Facilities 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 the event of a significant increase.
Compliance with emission limit values (ELVs)
Note: these provisions are identical to those set out in the Order of February 2, 1998 [3].
ELVs are set for VOC emissions covered by hazard statements H340, H350, H350i, H360D, H341 or H351.
The ELVs for waste gases, diffuse ELVs and total ELVs are set out below:
- In Appendix I for each activity
- In Appendix II for installations in the vehicle coating industry
For certain activities (e.g. rotogravure printing, pharmaceutical manufacturing, etc.), ELVs differ depending on whether the installation is new or existing.
An existing plant is defined as a plant in operation on March 29, 1999, or which obtained a permit or was registered or declared before April 1, 2001, or whose operator submitted a complete application for a permit before April 1, 2001, provided that the plant was commissioned by April 1, 2002 at the latest.
Where several activities are covered by the 1978 heading, the facility must :
- Comply with the ELVs defined in appendices I and II for each activity;
- OR achieve a total emission level not exceeding that which would have been achieved under each of the ELVs listed in Annexes I and II.
Exemptions from compliance with the ELVs set out in Annexes I and II are conditionally granted for :
- Operators unable to comply with the diffuse emission limit value;
- Coatings operators concerned by item 8 of the 1978 heading (other coatings) unable to comply with ELVs.
Where a significant increase has been made to an existing plant, the limit values applicable to the modified part of the plant are those applicable to new plants. If the operator demonstrates that total emissions from the entire facility do not exceed the level that would have been reached if the part that has undergone the major increase had been treated as a new facility, the Prefect may authorize him to apply the ELVs applicable to existing facilities to the modified part.
Air pollution monitoring
The operator must set up a monitoring program as soon as emission limits are OR are likely to be exceeded.
Solvent management plan
The plants concerned are required to draw up a solvent management plan (PGS), including details of solvent inputs and outputs for each facility. This plan must be submitted to the Classified Installations Inspectorate every year if the facility's annual solvent consumption exceeds 30 tonnes.
Conclusion
If you use organic solvents, we advise you firstly to check whether this use is concerned by one of the activities or installations listed under heading 1978. Secondly, calculate your annual consumption by activity to determine your classification.
If this section applies to you :
- Apply the provisions of the arrêté de prescriptions générales unless your arrêté préfectoral or d'arrêtés de prescriptions générales govern the activities concerned.
Note: organic solvents should also be taken into account in your chemical risk assessment.
(*) Organic solvents are defined as any VOCs used alone or in combination with other agents, without undergoing chemical modification, to dissolve raw materials, products or wastes, or used as a cleaning agent to dissolve soils, 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 the particular conditions of use.
[1] Decree no. 2019-1096 of October 28, 2019 amending the nomenclature of classified facilities for environmental protection [JORF of October 30, 2019]
[2] Arrêté du 13 décembre 2019 relatif aux prescriptions générales applicables aux installations relevant du régime de la déclaration au titre de la rubrique n° 1978 (installations et activités utilisant des solvants organiques) de la nomenclature des installations classées pour la protection de l'environnement [JORF du 17 janvier 2020]
[3] The decree of February 2, 1998 governs industrial facilities subject to authorization, except for certain activities (cement works, paper mills, glassworks, crystal glassworks, livestock establishments......save specific reference to certain ministerial decrees applicable to these facilities).