.svg)
Coming into force on June 28, 2023, the decree of June 20, 2023 relating to the analysis of per- and polyfluoroalkylated substances in aqueous discharges from installations classified for environmental protection under the authorization regime creates an obligation to identify and measure PFAS substances present in ICPEs under the authorization regime.
What are PFAS?
Per- and polyfluoroalkylated substances(PFAS) are a family of over 4,000 chemical compounds with a wide range of properties, including non-stick, waterproofing and heat resistance. They are widely used in many industrial sectors, including chemical production, surface treatment and textiles, and can be found in a variety of everyday consumer products.
Highly persistent, PFAS are found in all environments: water, air, soil and even waste sent for treatment. They therefore present major environmental and public health challenges.
Ministerial action plan for PFAS
At the start of 2023, the Ministry of Ecological Transition and Territorial Cohesion published a ministerial action plan on PFAS for the period 2023 - 2027. The aim of this action plan is to gain a better understanding of PFAS substances and quantify them in order to establish measures for their reduction. Its aim is thus to strengthen the protection of public health and the environment against the risks associated with exposure to PFAS substances.
The action plan comprises 6 areas of work:
- have discharge and environmental standards to guide public action;
- introduce a Europe-wide ban to eliminate the risks associated with the use and marketing of PFAS;
- improve knowledge of discharges and impregnation of the environment, in particular aquatic environments, to reduce population exposure;
- significantly reduce emissions from industrial emitters;
- transparency of available information;
- integration, in the medium term, into the micropollutant plan.
Obligations to identify and analyze PFAS in aqueous discharges
As part of this action plan, the decree of June 20, 2023 requires ICPEs subject to authorization to draw up an inventory of PFAS substances used, produced, treated or discharged by the facility, and to carry out measurement campaigns for these substances in aqueous discharges.
This decree applies to classified facilities subject to authorization under at least one of the following headings: 2330, 2345, 2350, 2351, 2567, 2660, 2661, 2750, 2752, 2760, 2790, 2791, 2795, 3120, 3230, 3260, 3410, 3420, 3440, 3450, 3510, 3531, 3532, 3540, 3560, 3610, 3620, 3630, 3670, 3710 or 4713. Other installations subject to authorization are also concerned if they use, produce, process or discharge PFAS substances.
Subsequently, an application note for the decree was published, specifying how to draw up the inventory of PFAS substances and implement measurement campaigns in aqueous discharges. The note also refers to databases for identifying PFAS substances by sector of activity.
Obligation to identify PFAS substances
By September 28, 2023, the operator of an ICPE subject to authorization must draw up an inventory of PFAS substances used, produced, treated or released by the facility. This list must also identify PFAS substances that were used, produced, treated or released before June 28, 2023, and, where applicable, the date on which they are likely to have been released.
Please note: this obligation applies to all classified facilities subject to authorization, even those whose headings are not expressly mentioned.
The inventory must be kept available for inspection by the Classified Installations Inspectorate.
Obligatory analysis of water discharges
The operator must carry out analysis campaigns for PFAS substances discharged by his facility. These campaigns include one measurement per month for 3 months at each point of aqueous discharge from the facility, in accordance with the deadlines defined below. Only unsoiled rainwater is not subject to analysis.
Note: if the same plant is subject to authorization under several headings associated with different deadlines, the longest deadline is used.
As soon as aqueous discharges are present at the facility, the operator of an installation with at least one heading expressly referred to must carry out these campaigns, even if the inventory shows that no PFAS substances are used, produced, treated or discharged.
For other ICPEs subject to authorization, PFAS substance analysis campaigns are carried out when PFAS releases are likely to be regular and significant. Thus, occasional operations that may generate PFAS substance releases, such as the use of fire-retardant foams during a fire, do not justify the implementation of analysis campaigns. On the other hand, as soon as these facilities carry out recurrent fire drills involving the use of fire-retardant foams containing PFAS, aqueous discharge analysis campaigns must be carried out.
When facilities have no aqueous discharges, analyses are not required. However, the operator is still required to draw up an inventory of substances and provide the site inspectorate with all information justifying the absence of aqueous discharges from the site.
Measurement campaigns must cover at least the PFAS substances referred to in Directive 2020/2184 of December 16, 2020 on the quality of water intended for human consumption and listed in the Order of June 20, 2023. When other PFAS substances are mentioned in the inventory, they must also be taken into account for the analyses.
Measurement results must be reported each month to the Classified Installations Inspectorate via the GIDAF tool. The sites concerned must ensure that they can actually declare the results on the tool, especially those facilities that do not already have a GIDAF account.
Further information
In the spirit of the RSDE campaigns, the aim of these campaigns is :
- identify PFAS substances released by the industries most likely to discharge them, such as chemical manufacturing, textile processing, surface treatment, paper mills, wastewater treatment plants and waste treatment.
- then implement monitoring and follow-up measures for PFAS in aqueous discharges.
These campaigns should therefore lead to the implementation of long-term monitoring of PFAS discharges from industrial activities.
Photo credit: 228987563 @Worawut