Key Benefits:
Minister of Ecology and Sustainable Development,
Given the Convention on Long-range Transboundary Air Pollution, signed at Geneva on November 13, 1979, and its Protocols;
In view of the Vienna Convention for the Protection of the Ozone Layer signed on 22 March 1985 and its Additional Protocol, known as the Montreal Protocol, on Substances that Deplete the Layer Adopted on 16 September 1987;
In view of the Rio Convention on Climate Change of 5 June 1992 and its Additional Protocol, known as the Kyoto Protocol, of 11 December 1997;
In view of the Council Directive of 24 November 1988 on Limiting emissions of certain pollutants into the atmosphere from large combustion plants;
In view of the Council Directive of 8 June 1989 on the prevention of air pollution from the New municipal waste incineration plants;
In view of the Council Directive of 21 June 1989 on the prevention of air pollution from existing municipal waste incineration plants;
Having regard to Council Directive 91 /271/EEC of 21 May 1991 on the treatment of urban waste water;
Having regard to Council Directive 94 /67/EC of 16 December 1994 on the incineration of hazardous waste;
Having regard to Directive 96 /61/EC Council of 24 September 1996 on integrated pollution prevention and control (IPPC);
In view of Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste;
In view of the Directive 1999 /13/EC of 11 March 1999 on the reduction of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations;
In view of Directive 2001 /80/EC of the European Parliament and The Council of 23 October 2001 on the limitation of emissions of certain pollutants into the atmosphere from large combustion plants;
In view of Directive 2001 /81/EC of the European Parliament and of the Council of 23 October 2001 Fixing the national emission ceilings for certain atmospheric pollutants;
In view of the Commission Decision of 17 July 2000 on the creation of a European Pollutant Emission Register (EPER) in accordance with the provisions of the Article 15 of Council Directive 96 /61/EC on integrated pollution prevention and control (IPPC);
Given the environmental code, and in particular Article L. 512-5;
Given Decree No. 77-1133 of 21 September 1977 Amended for the purposes of Law No. 76-663 of 19 July 1976 on classified installations;
In light of Decree No. 80-813 of 15 October 1980 concerning installations classified for the protection of the environment of the Minister of Defence or subject to rules for the protection of the secrecy of national defence;
In the light of the amended Order of 27 June 1990 on the limitation of atmospheric releases of large combustion plants and the conditions for the evacuation of Releases from combustion plants;
In light of the amended Order of 2 February 1998 on water sampling and consumption as well as emissions of all types of installations classified for the protection of the environment subject to Authorization;
In light of the April 3, 2000 Order relating to the paper industry;
In light of the June 20, 2002 order for boilers in a new or modified facility with a power greater than 20 MWth;
In view of the Superior Council of Facilities classified as of September 11, 2002,
Stop:
I. -Where an installation subject to authorisation meets the criteria set out in one of Articles 3 to 5 of this Order, the operator shall declare to the Prefect, for each calendar year, the annual mass of the emissions Of pollutants defined for this section in a format prescribed by the Minister responsible for classified facilities. The mass emitted shall be the mass of the pollutant considered to be emitted or released outside the perimeter of the facility during the year under consideration, either chronically or accidentally, channeled or diffused, for each facility or for several installations on a The same geographical site operated by the same operator, within the meaning of the V of this Article. The establishments which appear on the list annexed to the Decree of 15 October 1980, above, address their declaration to the general control of the armed
. -The transmission occurs before 1 April of year n + 1 for year n.
III. -The operator transmits within the same period by electronic means to the inspection of facilities classified a copy of this declaration in a format fixed by the Minister responsible for the inspection of classified
. -In the event that the facility meets the criteria set out in several of sections 3 to 6, the operator will make a single declaration.
V.-Where multiple facilities on the same geographic site are operated by the same operator, Makes a single declaration for all the facilities involved. The thresholds referred to in Articles 2, 3 and 5 shall then apply to all the installations
. -For farms, the requirements of the I and III are replaced by:
For poultry or pig farms with more than:
1 ° 40 000 locations for poultry;
2 ° 2000 locations for pigs Of production (more than 30 kg),
or
3 ° 750 locations for sows,
meeting the criteria of Article 3, the operator shall declare to the prefect for each calendar year the annual mass of pollutants defined for that article in a format Set by the Minister responsible for classified facilities, with the exception of effluent that is applied to the land for recovery or disposal.
I. -For installations whose annual mass of releases to air, chronic or accidental, channelled or diffuse, of a pollutant of Annex II exceeds the specified threshold, the operator shall declare the Annual emissions of this pollutant;
II. -For installations where the annual mass of releases to water, chronic or accidental, channelled or diffuse, of a pollutant in Annex III exceeds the specified threshold, the operator shall declare the annual emissions of that pollutant.
I. -For thermal power combustion plants exceeding 20 MW, operators shall report annual releases to air of the following pollutants: nitrogen oxides, nitrous oxide, oxides Of sulphur, carbon dioxide, methane and total dust, regardless of the mass released.
II. -For non-hazardous waste incineration plants exceeding 3 tonnes per hour and hazardous waste incineration facilities exceeding 10 tonnes per day, operators shall report annual discharges In the atmosphere of the following pollutants: oxides of nitrogen, sulphur oxides, non-methane volatile organic compounds (VOCs), hydrochloric acid, hydrofluoric acid, arsenic, cadmium, chromium, copper, manganese, mercury, nickel, lead and dioxins and Furanes, regardless of the mass rejected.
For installations producing or using in quantities greater than 10 tonnes per year a toxic or carcinogenic substance in Annex IV, the operator shall declare the emissions of that substance in air, water, Soil or waste.
Operators who have been required to report for a given pollutant on the basis of items 1, 2, 3, 4 or 5 for year n shall also report the emissions of this pollutant for the year n + 1 even if they are no longer bound by the above articles
I. -The annual declaration shall include the name of the operator and the installation information specified in paragraph I of Annex I.
II. -For each pollutant concerned, the declaration includes:
1. The destination of the program (water, air, soil, waste);
2. The mass emitted by the facility during the year under consideration and, for aqueous releases connected to an off-site treatment plant at the facility, the mass emitted by the facility in the natural environment during the year under consideration, calculated in Taking into account the performance of the said station for the pollutant;
3. Where the operator establishes that, for a polluting emission in the water, a part of the mass emitted annually originates from substances brought by the waters taken from the natural environment, the imported mass of those substances may also be Declared;
4. An assessment of the accuracy of the declared result;
5. Guidance on the method of calculating or estimating the reported mass.
III. -The annual declaration shall be drawn up in accordance with Annex I. Where appropriate, it shall also include the details referred to in Article 8.
I. -The annual declaration of pollutant emissions from the facility also includes the following documents:
1. For polluting emissions referred to in Article 5 of this Order, the declaration shall, in addition to emissions in air and water, refer to emissions in the soil, regardless of the route, as well as in waste disposed outside of The licensed installation; details of how the emissions are calculated;
2. For installations whose releases of greenhouse gases or ozone-depleting substances exceed the values set out in Annex II, the annual reporting declaration details the calculation of CO2 emissions from the Biomass, non-biomass CO2, CO2 from incineration or co-incineration of waste, CH4, N2O, CFC, HCFC, HFCs, PFCs, SF6, NF3 in accordance with the format established by the Minister responsible for classified installations which contains the information provided for Annex V;
3. For installations covered by the regulation of emissions of volatile organic compounds provided for in paragraphs 19 to 36 of Article 30 of the Decree of 2 February 1998 referred to above and for installations using the substances referred to in 27 (7 °, c) Of the said order, the annual reporting of releases shall set out the method for calculating releases of volatile organic compounds according to the format fixed by the Minister responsible for classified installations, which shall contain the information provided for in Annex V;
4. For thermal power combustion installations greater than 20 MW, the annual statement of releases to the atmosphere details the method of calculating the emissions of pollutants referred to in paragraph I of Article 4, according to the format fixed The Minister responsible for classified installations which contains the information provided for in Annex V;
5. For household waste incineration plants with capacity of more than 3 tonnes per hour and facilities for incineration of industrial and special capacity waste greater than 10 tonnes per day, the annual reporting of discharges In the atmosphere details the method of calculating the emissions of pollutants referred to in paragraph II of Article 4, in accordance with the format fixed by the Minister responsible for classified installations which contains the information provided for in Annex V;
6. For facilities such as sulphur oxides and other sulphur compounds, nitrogen oxides and other oxygenates of nitrogen, hydrochloric acid, non-methane hydrocarbons, solvents and other volatile compounds Exceed the thresholds set out in Annex II, the declaration of discards details the method of calculating these emissions according to the format fixed by the Minister responsible for classified installations, which contains the information provided for in Annex V.
II. -At the request of the operator, may be regarded as confidential information provided under paragraphs 2, 3, 4, 5 and 6 of paragraph I of this Article, which shall, in particular, entail the disclosure of secrets of Manufacturing or facilitating acts that are likely to affect public health, safety and health.
The operator shall hold for ten years at the disposal of the inspection of installations classified any proof relating to the information and assessments required in this Order. In particular, it must be able to specify the location and identification of the discharge points where the samples or measurements are carried out. Where the pollutants are diluted in such a way that they are no longer measurable at the discharge level in the outside world, the operator justifies, where appropriate, a study or measurement before dilution, the annual quantity of pollutant emitted.
I. -The first statement is to be made before April 1, 2003.
II. -Chapter VIII and Annex VI to the said Order of 2 February 1998 are repealed effective 31 December 2002.
III. -Article 15 and Annex V to the decree of 3 April 2000 referred to above are
. Article 16 of the aforementioned decree of 20 June 2002 is repealed.
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II. -Air pollution emissions
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III. -Pollutant emissions in water
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n ° 56 of 07/03/2003 page 4004 to 4009
(1) Code NOSE-P: Standard nomenclature for sources Emissions in accordance with Annex VI.
(2) Activity defined in the list of NOSE-P codes in Annex VI.
(3) Leave blank if the annual flow is below the collection threshold. Enter ISD (below detection limit) if it is not possible to determine the annual flow, taking into account the best available techniques, because the concentration is below the detection limit of the method.
(4) Primary activity of Establishment according to NAF code.
(5) Assess the accuracy of declared mass:
-P1 if precision is less than 15 %;
-P2 if precision is between 15 % and 50 %;
-P3 if precision is greater than 50 % or Indeterminate.
(6) Mass assessment method:
-calculation from measurements: M;
-calculation from a material declaration or installation-specific emission factor: C;
-estimate from a factor Emission of literature or other method: E.
(7) For emissions in water, type of release:
-I: isolated releases, i.e. net releases, after internal treatment plant or directly in the natural environment;
-R: discharges Connected to an off-site treatment plant, before connection, still referred to as raw discharges;
-E: discharges applied.
(8) For emissions in water: name of the final receiving environment (watercourse, sea, pond, canal ...).
(9) Only for emissions in the water connected to an off-site treatment plant, STEP EXT: name of the owner of the wastewater treatment plant (territorial community or public establishment of a territorial community or person
The final rejection in the middle is the mass emitted of the pollutant, net of the product of the performance of the outdoor treatment plant for this pollutant by the pollutant mass emitted. Treatment performance is obtained from the DWTP operator. If for a pollutant this yield is not known, its default value is zero (the entire pollutant is considered rejected in the natural environment).
A N N E X E I I
EMISSIONS IN AIR
You can view the table in OJ
n ° 56, 07/03/2003 page 4004 to 4009
A N N E X E I I I
EMISSIONS IN WATER
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n ° 56, 07/03/2003 page 4004 to 4009
A N N E X E I V
TOXIC OR CANCÉRIGENIC SUBSTANCES
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A N N E X E V
LIST OF INFORMATION TO BE PROVIDED TO DETAILED AIR EMISSION REPORTING
SUPPORT
The following information is provided by the operator in support of the detailed air emissions declarations:
-key features of Installation and processes, including pollution control;
-installation capacity and annual activity volume;
-pollutant emissions by group of facilities of the same characteristics;
-detailed composition of the Releases for volatile organic compounds and fluorinated greenhouse gases;
-the calculation of the pollutant emissions and information required for this calculation.
The following information on the calculation of emissions will be provided: Provided, by group of facilities of the same characteristics, as required:
-results of the monitoring of releases, including annual flows and average concentrations measured at the point of release;
-material on the Polluting emissions and the basis for establishing it;
-the nature of the fuels used;
-consumption of each type of fuel used;
-characteristics of fuels, in particular composition (water content, content of Ash, carbon content, sulphur content), and calorific power;
-annual tonnage and average characteristics of waste incinerated;
-consumption and characteristics of raw materials for a material balance or use An emission factor;
-the quantity and characteristics of the outgoing products (e.g. : sulphur content, solvents ...) For a balance sheet or for the use of an emission factor;
-the nature and performance of the pollution control processes;
-pollutant emission factors used;
-stack heights and emission distribution by Stack.
A N N E X E V I
REPORTING CATEGORIES AND NOSE-P CODE
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No 56, 07/03/2003, page 4004 to 4009
Done at Paris, December 24, 2002.
For the Minister and by delegation:
The Director of the
Pollution and Risk Prevention,
Risk Associate Major,
P. Vesseron
