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Order Of 7 July 2009 On The General Requirements For Classified Installations Subject To Declaration Under The Heading No. 2570

Original Language Title: Arrêté du 7 juillet 2009 relatif aux prescriptions générales applicables aux installations classées soumises à déclaration sous la rubrique n° 2570

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JORF n°0209 du 10 septembre 2009 page 14896
text No. 2



Decree of 7 July 2009 on general requirements for classified facilities under heading 2570

NOR: DEVP0915020A ELI: http://www.legifrance.gouv.fr/eli/arrete/2009/7/DEVP0915020A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
Given the environmental code, including its articles L. 512-10 and L. 512. 12, R. 512-47 to R. 512-66 and R. 512-67 to R. 514-5 ;
Seen them articles R. 231-51 and R. 231-56 to R. 231-56-12 of the Labour Code ;
See?Decree of 20 April 1994 the declaration, classification, packaging and labelling of substances;
Having regard to the decision of 21 November 2002 on the reaction to fire of modified construction and development products;
See?arrested on 14 February 2003 relative to the performance of roofs and roof coverings exposed to an external fire;
See?Decree of 22 March 2004 relative to the fire resistance of products, construction elements and works;
See?7 July 2009 relating to air and water analysis procedures in the CEPAs and reference standards;
In view of the opinion of the Higher Council of classified facilities,
Stop it!

Article 1 Learn more about this article...


The facilities listed under heading 2570 - Email are subject to the provisions of Annex I. These provisions apply without prejudice to other legislation.

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The provisions of Annex I shall apply to facilities reported after the date of publication of this Order in the Official Journal, which is increased by four months.
The provisions of this annex shall apply to existing facilities, reported prior to the date of publication of this Order in the Official Gazette, which is increased by four months, subject to the conditions specified in annex II. The requirements to which existing facilities are already subject remain applicable until such provisions come into force.
The provisions of Annex I, with the exception of item 1.8, are also applicable to classified facilities subject to declaration included in an establishment that has at least one facility subject to the authorization regime provided that these facilities are not governed by the prefectoral authorization order.

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The prefect may, for a particular facility, adapt by order the provisions of the annexes under the conditions laid down in Article L. 512-12 and R. 512-52 of the Environmental Code.

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The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E I


    GENERAL REQUIREMENTS FOR CLASSED INSTALLATIONS FOR THE PROTECTION OF ENVIRONMENT SUBMITTED WITH DECLARATION N° 2570


    1. General provisions
    1.1. Compliance of the facility to the declaration


    The facility is established, carried out and operated in accordance with the plans and other documents attached to the declaration, subject to compliance with the requirements below.


    1.2. Amendments


    Any change made by the declarant to the facility, its mode of operation or its neighbourhood, resulting in a noticeable change in the elements of the initial reporting file, shall be communicated to the prefect, who may require a new statement.


    1.3. Content of the declaration


    The statement specifies the measures taken with respect to the conditions for the use, treatment and disposal of wastewater and emanations of all kinds, as well as the disposal of wastes and residues to comply with the provisions of this Order.


    1.4. File installation classified


    The operator shall prepare and maintain a record with the following documents:
    - the declaration file;
    - plans kept up to date;
    - the receipt of declaration and general requirements;
    - prefectural orders relating to the facility concerned, taken under the law relating to facilities classified for the protection of the environment, if any;
    ― the results of the latest effluent and noise measurements;
    - the documents provided for in items 1.8, 3.5, 3.6, 4.1, 4.7, 5.1, 7.5 of this Order.
    This file is subject to inspection of classified facilities.


    1.5. Accident statement
    or accidental pollution


    The operator of a facility is required to report, as soon as possible, to the inspection of classified facilities, the accidents or incidents that occurred as a result of the operation of the facility that are likely to affect the interests referred to in section 1 of L. 511-1 of the Environmental Code.


    1.6. Operator change


    When the facility changes its operator, the new operator or its representative makes the statement to the prefect in the month following the management of the operation. This statement mentions, if it is a natural person, the name, first name and domicile of the new operator and, if it is a legal person, its name or social reason, its legal form, the address of its head office and the quality of the signatory of the declaration.


    1.7. Cessation of activity


    When an installation ceases the activity under which it was declared, the operator shall notify the prefect at least three months before the final stop. The operator's notification indicates the planned or completed remediation measures.


    1.8. Periodic inspection


    The installation is subject to periodic inspection by accredited bodies under the conditions defined by the articles R. 512-55 to R. 512-60 of the environmental code.
    The purpose of these controls is to verify the conformity of the installation with the requirements listed in Annex III, possibly amended by prefectural order, when applicable to it.
    The operator retains the inspection report that the registered agency addresses in the "categorized facilities" file referred to in 1.4. If the report discloses non-compliance with the control provisions, the operator shall implement the corrective actions necessary to remedy the control. These actions and their implementation dates are formalized and retained in the above-mentioned file.


    2. Implantation, development
    2.1. Implementing rules


    The facility is located and maintained at a distance of at least 10 metres from the property limits. An exemption may be granted by the prefect subject to the presentation of a file justifying the absence of risks.


    2.2. Integration into the landscape


    The operator shall make the necessary arrangements to satisfy the aesthetics of the site. The entire site is maintained in good condition of cleanliness (peinture, plantations, grass...).


    2.3. Prohibition of residential or third-party premises
    or inhabited above and below the facility


    The facility does not surmount or is not surmounted by premises inhabited or occupied by third parties.


    2.4. Lighting behaviour
    2.4.1. Fire response


    The facility is equipped with the following minimum fire reaction characteristics: Class A1 materials according to NF EN 13 501-1 (incombustible).
    The ovens are installed at a suitable distance from all flammable parts to avoid any fire hazard.


    2.4.2. Fire resistance


    The premises that house gas furnaces and parts in the buildings have the following minimum fire resistance characteristics:
    – exterior walls and separative walls REI 120 (twenty-two-hour firewall);
    ― REI 120 floorings (two-hour firewall);
    – fire-resistant doors and closures (including those with glazing and hardware) and their EI 120 closure devices (grade firewall 2 hours).
    Other premises and buildings have the following characteristics:
    ― exterior walls and separative walls REI 15 (firewall of degree 1/4 hour);
    ― REI 15 floors (grade firewall 1/4 hour);
    – fire-resistant doors and closures (including those with glazing and hardware) and their EI 15 closure devices (size 1/4 hour firewall).
    A: carrying capacity.
    E: ltightness on fire.
    I: thermal insulation.
    Classifications are expressed in minutes (120 = 2 hours and 15 = 1/4 hours).


    2.4.3. Roofs and roof covers


    The roofs and roof covers of the premises referred to in the first paragraph of paragraph 2.4.2. meet the Broof class (t3), for a time of passage of the fire through the roof greater than thirty minutes (class T 30) and for a duration of the spread of the fire to the roof surface greater than thirty minutes (index 1).


    2.4.4. Defumage


    The premises referred to in the first paragraph of paragraph 2.4.2. are equipped in part high of natural smoke and heat evacuation devices, in accordance with existing standards, allowing the free air evacuation of smoke, combustion gas, heat and uncleared products in the event of a fire.
    These devices are automatic and manually controlled. Their useful opening surface is not less than:
    ∙ 2% if the area to be deflated is less than 1,600 square metres;
    - to be determined by the nature of the risk if the area to be deflated is greater than 1,600 square metres without being less than 2% of the area.
    In normal operation, rearming (closed) is possible from the soil of the premises or from the defumeration area or the cells to be deactivated in the case of a local divided into several cantons or cells.
    Manual opening controls are located near the access.
    Natural smoke and heat evacuation devices are adapted to the particular risks of the installation.
    All devices installed after 31 December 2006, the date of the end of the transition period of the CE marking and the French standards for these materials, in accordance with the NF EN 12 101-2 standard, presents the following characteristics:
    Reliability: RE 300 class (300 safety cycles). Two-function outlets are subjected to 10,000 opening cycles in aeration position;
    – the classification of the snow overload at the opening is SL 250 (25 daN/m2) for altitudes below or equal to 400 metres and SL 500 (50 daN/m2) for altitudes greater than 400 metres and less than or equal to 800 metres. Class SL 0 is usable if the location area is not likely to be snowed or if constructive provisions prevent snow accumulation. Above 800 metres, the outlets are SL 500 and installed with constructive provisions preventing snow accumulation;
    ambient temperature class T0 (0 °C);
    • heat exposure class HE 300 (300 °C).
    Fresh air intakes of a free surface equal to the geometric surface of all the evacuation devices of the largest canton will be carried out cell per cell.


    2.5. Accessibility


    The facility is accessible to allow fire and rescue services to operate. It is served, on at least one face, by means of an equipment track or by a ladder if the lower floor of the highest level of this facility is at a height greater than 8 meters above that track.
    One of the facades is equipped with openings allowing the passage of equipped saviors.


    2.6. Ventilation


    Without prejudice to the provisions of the Labour Code and in normal operating phase, the premises are properly ventilated to avoid any risk of explosive or toxic atmosphere. The outlet to the atmosphere of the ventilation is placed as far as possible from the buildings inhabited or occupied by third parties and the mouths of external air aspiration, and at a sufficient height given the height of the surrounding buildings in order to promote the dispersion of the gases rejected and at least 1 meter above the ridge.
    The form of the evacuation duct, particularly in the closest part of the outlet to the atmosphere, is designed to maximize the ascent and dispersion of the combustion gases in the atmosphere (e.g., the use of hats is prohibited).


    2.7. Electrical installations


    The operator shall maintain at the disposal of the inspection of classified facilities the evidence that its electrical installations are carried out in accordance with the applicable rules, maintained in good condition and verified.


    2.8. Landing of equipment


    Metal equipment (servoirs, tanks, pipes) is placed on the ground in accordance with applicable regulations and standards, particularly in view of the explosive or flammable nature of the products.


    2.9. Retention of work areas and premises


    The soil of areas and premises for the storage or handling of hazardous materials for humans or likely to create pollution of water or soil is watertight, A1 (incombustible) and equipped so that it can collect washwater and diffuse materials accidentally. For this purpose, a raised threshold relative to the ground level or any equivalent device separates them from the outside or other areas or premises. The materials collected are recovered and recycled, or processed in accordance with point 5.5 and heading 7.


    2.10. Retention bowls


    Any storage of liquid products that may create pollution of water or soil is associated with a retention capacity that is at least equal to the largest of the following two values:
    100% of the capacity of the largest tank;
    50% of the overall capacity of the associated tanks.
    Fixed tanks are equipped with level gauges and for buried storage of filling limiters. Storage under the soil level is permitted only in masonate or assimilated pit tanks. The watertightness of the tanks is controlled.
    When the storage is made exclusively of receptacles of unitary capacity less than or equal to 250 litres, allowed for transport, the minimum retention volume is equal to either the total capacity of the receptacles if that capacity is less than 800 litres, or 20% of the total capacity or 50% in the case of flammable liquids (except lubricants) with a minimum of 800 litres if that capacity exceeds 800 litres. The retention capacity is waterproof to the products it could contain and resist the physical and chemical action of the fluids. The same applies to the shut-off device, which is kept closed in normal conditions.
    Containers or containers containing products that are likely to react dangerously together or contain products that are incompatible are not associated with the same retention bowl.
    This provision does not apply to wastewater treatment basins.
    The leakage of the (or) associated tank(s) may be controlled at any time.
    Products recovered in the event of an accident may only be released under conditions consistent with this order or are disposed of as waste.


    2.11. Isolation of the collection network


    Devices for the shut-off of run-off water drainage systems are established to maintain on site the extinguishing water of a disaster or the flow of a transport accident. A directive sets out the modalities for the implementation of these devices.


    3. Operation, maintenance
    3.1. Operation monitoring


    The operation shall be carried out under the direct or indirect supervision of a person named by the operator and having knowledge of the conduct of the facility and the dangers and disadvantages of the products used or stored in the facility.


    3.2. Access control


    People outside the facility do not have free access to facilities.
    In the event of an authorized public visit, the safety of the public is ensured, including by maintaining it at a sufficient distance from ovens and workstations.


    3.3. Knowledge of products, labelling


    The operator shall keep at its disposal documents allowing it to know the nature and risks of hazardous products present in the facility, in particular safety data sheets.
    The drums, tanks and other packagings bear in very legible characters the name of the products and, where appropriate, the hazard symbols in accordance with the labelling of hazardous substances and chemical preparations.


    3.4. Cleanliness


    The premises are maintained clean and regularly cleaned, in particular to avoid clusters of hazardous or polluting materials and dust. Cleaning equipment is adapted to the risks posed by products and dust.


    3.5. State of stockpiles of dangerous goods


    The operator maintains a state of the nature and quantity of the inmate hazardous products to which a general storage plan is attached. This condition is available for inspection of classified facilities and fire and rescue services.
    The presence in the installation of hazardous or combustible materials is limited to the requirements of the operation.


    3.6. Operating conditions


    Operations involving dangerous handling and the conduct of facilities (starting and stopping, normal operation, maintenance...) are subject to written operating instructions. These instructions include:
    - the operating modes;
    - the frequency of verification of pollution safety and treatment devices and nuisance generated;
    - maintenance and cleaning instructions;
    - the maintenance of only quantities required for the operation of the facility in the production or use of hazardous or combustible materials;
    – the conditions for the conservation and storage of products;
    - the frequency of inspection of the leakage and attachment of the tanks and verification of the retention devices.


    4. Risks
    4.1. Risk location


    The operator shall identify, under its responsibility, the parts of the facility that, because of the qualitative and quantitative characteristics of the material being implemented, stored, used or produced, are likely to be at the origin of a claim that may have direct or indirect consequences on the environment, public safety or the maintenance of the facility.
    The operator determines for each part of the facility the nature of the risk (fire, explosive atmospheres or toxic emanations). This risk is reported. The workshops and handling areas of these products are part of this census.
    The operator has a general plan of the workshops and storages indicating the different hazard areas associated with these risks.


    4.2. Individual protection


    Without prejudice to the provisions of the Labour Code, personal protective equipment, adapted to the risks presented by the facility and allowing the intervention in the event of a loss, are kept close to the installation and location of use. These materials are maintained in good condition and periodically verified. The staff is trained in the use of these materials.


    4.3. Fire fighting means


    The premises referred to in the first paragraph of paragraph 2.4.2. shall be equipped with fire-fighting means appropriate to the hazards and in accordance with existing standards, including:
    ― one or more fire appliances (e.g. water, poles) of a public or private network established in such a way that, on the one hand, any point of the space limit is less than 100 metres from a device, and on the other hand, any point of the space limit is less than 200 metres from one or more devices to provide a minimum flow of 60 m3/ If not, a water reserve intended for extinction is accessible in all circumstances and at a distance from the storage having collected the advice of departmental fire and rescue services;
    ― extinguishers distributed inside the premises, on the outside areas and in places with specific risks, close to the clearances, well visible and easily accessible. Extinguishing agents are appropriate to the risks to be combated and compatible with the materials present in the premises;
    - armed fire valves, distributed in the premises referred to in the first paragraph of paragraph 2.4.2., depending on its dimensions and located near the exits. They are arranged so that a fireplace can be attacked simultaneously by two lances from two different angles. They are usable during gel periods;
    a means to alert fire and rescue services;
    – plans of premises facilitating the operation of fire and rescue services with a description of the hazards for each premises;
    - an automatic fire detection system.
    These materials are maintained in good condition and verified at least once a year.
    The staff is trained in the implementation of all fire-relief means.


    4.4. Equipment usable in explosive atmospheres


    In the parts of the installation referred to in point 4.1 and identified "explosible atmospheres", the electrical, mechanical, hydraulic and pneumatic systems conform to the provisions of the Decree No. 96-1010 of 19 November 1996 for devices and protection systems intended for use in explosive atmospheres. They are reduced to what is strictly necessary to the needs of the operation and are entirely made up of materials usable in explosive atmospheres.
    However, in the parts of the installation where explosive atmospheres can appear episodically with a low frequency and a short duration, the electrical installations may be made up of electrical equipment of good industrial quality which, in normal service, does not engender arc, spark, or hot surface likely to cause an explosion.
    Electrical pipes are not a possible cause of ignition and are adequately protected against shocks, the spread of flames and the action of the products present in the part of the facility in question.


    4.5. Prohibition of fires


    In the parts of the facility, referred to in point 4.1, with fire or explosion hazards, it is prohibited to bring fire in any form, except for the construction of work that has been the subject of a "fire permit". This prohibition is displayed in apparent characters within zone limits.


    4.6. "Permit of intervention", "fire permit"
    in the parts of the facility referred to in 4.1


    In the parts of the installation referred to in point 4.1, any repair or development work leading to an increase in the risk (use of a flame or hot spring, purge of circuits...) may be carried out only after the issuance of a "intervention permit" and possibly a "fire permit" and by complying with the rules of a particular record.
    The "intervention permit" and possibly the "fire permit" and the particular record are established and covered by the operator or by the person appointed by the operator. When the work is carried out by an outside company, the "intervention permit" and possibly the "fire permit" and the particular safety record of the facility are co-signed by the operator and the outside company or the persons they have appointed.
    After the completion of the work and prior to the resumption of the activity, a facility verification is performed by the operator or its representative.


    4.7. Safety signs


    Without prejudice to the provisions of the Labour Code, instructions specifying the terms and conditions of application of the provisions of this Order shall be established, kept up-to-date and brought to the attention of the staff in the places frequented by the staff. These instructions include:
    - the prohibition to bring fire in any form in the parts of the installation referred to in point 4.1 "fire" and "explosive atmospheres";
    - the requirement of "intervention permit" or "fire permit" for the parts of the facility referred to in 4.1;
    - emergency shutdown and installation safety procedures (electricity, fluid networks)
    - measures to be taken in the event of leakage on a container or pipeline containing dangerous substances, including the conditions of release provided for in 5.7;
    – the precautions to be taken with the use and storage of incompatible products;
    - means of extinction to be used in the event of a fire;
    - the alert procedure with the telephone numbers of the facility's response officer, fire and rescue services, etc.;
    - the modalities for the implementation of segregation devices of the collection network, as provided for in paragraph 2.11;
    - the obligation to inform the inspection of facilities classified in the event of an accident.


    5. Water
    5.1. Abductions


    Water sampling facilities in the natural environment are equipped with total water quantity measuring devices. These measures are regularly noted and the result is recorded and held at the disposal of the inspection of classified facilities.
    The connection to a water table or the public drinking water distribution network is equipped with a device that prevents the return of water that can be polluted.
    The use of the fire water network is strictly reserved for disaster and rescue exercises, and for maintenance or maintenance operations outside of the network.


    5.2. Consumption


    All measures are taken to limit water consumption.
    Open cooling circuits are prohibited beyond a flow of 10 m3/d.


    5.3. Collection network


    The collection network is separative in nature to isolate polluted waste water from non-polluted rainwater.
    Residual water discharge points are as small as possible. They are designed to allow easy sampling and installation of a flow measurement device.


    5.4. Measurement of rejected volumes


    The amount of water released is measured monthly or default based on a water balance sheet, taking into account, among other things, the measurement of the amount of water taken from the public distribution network or in the natural environment.


    5.5. Release limit values


    Without prejudice to the authorization of spill in the public network, provided for in theArticle L. 1331-10 of the Public Health Code, wastewater discharges are the subject as a need for treatment to meet the following, controlled limit values, unless otherwise specified in the standard, on undetected and non-filtered raw effluent, without prior dilution or mixture with other effluents:
    (a) In all cases, before release to the natural environment or to a network of collective sanitation:
    pH: 5.5-8,5 (9.5 in case of alkaline neutralization);
    temperature: < 30 °C;
    (b) In the case of release to a group remediation network with a sewage station, where the maximum effluent flow is likely to exceed 15 kg/d of MEST or 15 kg/d of DBO5 or 45 kg/d of DCO:
    - suspended material: 600 mg/l;
    DCO: 2,000 mg/l;
    • DBO5: 800 mg/l.
    (c) In the case of rejection in the natural environment (or in a group remediation network without a purification plant):
    - suspended material: concentration does not exceed 100 mg/l if the daily flow does not exceed 15 kg/j, 35 mg/l beyond;
    ∙ DCO: concentration does not exceed 300 mg/l if the daily flow does not exceed 100 kg/d, 125 mg/l beyond;
    ― DBO5: concentration does not exceed 100 mg/l if daily flow does not exceed 30 kg/d, 30 mg/l beyond.
    In all cases, releases are compatible with the quality or quality objectives of watercourses.
    (d) Specific pollutants, before released into the natural environment or in an urban collective sanitation network:
    ― phenol index: 0.3 mg/l if the flux is greater than 3 g/j;
    ― hexavalent chromium: 0.1 mg/l if the flux is greater than 1 g/j;
    - total cyanides: 0.1 mg/l if the flux is greater than 1 g/j;
    AOX: 5 mg/l if the flow is greater than 30 g/j;
    arsenic: 0.1 mg/l if the flow is greater than 1 g/j;
    Total hydrocarbons: 10 mg/l if the flow is greater than 100 g/j;
    - total metals: 15 mg/l if the flux is greater than 100 g/j;
    Pb: 0.5 mg/l if the flow is greater than 5 g/j;
    Cd: 0.2 mg/l.
    These limit values are met on average daily. No instantaneous value does not exceed double the concentration limit values.


    5.6. Prohibition of cluster discharges


    Direct or indirect discharge even after wastewater purification in an underground table is prohibited.


    5.7. Prevention of accidental pollution


    Arrangements are made so that there can be no accident (tight, bowl, etc.) spilling dangerous substances in public sewage or natural environment. The disposal of effluent collected under the provisions of 2.11 shall be done, either under the conditions set out in point 5.5 above or as waste under the conditions set out in heading 7 below.


    5.8. Epandage


    Waste spread, effluent and by-products is prohibited.


    5.9. Operator monitoring of pollution released


    A measurement of the concentrations of the different pollutants referred to in point 5.5 shall be carried out at least every three years by a body approved by the Minister of the Environment according to the reference methods specified in the above-mentioned decision of 7 July 2009. These measurements are carried out on a representative sample of the operation on a day of the installation, consisting either by a continuous sampling of half an hour or by at least two instantaneous samplings spaced half an hour. In the event that such a sample is not available, an assessment of the capacity of the treatment equipment to meet the limit values is carried out. A flow measurement is also carried out or estimated from consumption, if it is greater than 10 m3/d.
    The pollutants referred to in point 5.5 that are not likely to be issued by the facility are not subject to the periodic measures provided for in this item. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to verify the absence of such products from the facility.


    6. Air, odours
    6.1. Capture and purification of releases to the atmosphere


    Facilities that can release smoke, gas, dust or odours are equipped with devices to collect and channel emissions as much as possible. These devices, after purification of the gases collected as necessary, are equipped with obturable and accessible holes, in accordance with the provisions of NF X 44-052, for sampling for analysis or measurement. The outlet of the chimneys is far from the maximum of buildings inhabited or occupied by third parties and the mouths of fresh air aspiration and do not contain obstacles to the diffusion of the gas (Chinese hatches...). Release points are as small as possible.


    6.2. Limit values and conditions of release


    The gaseous effluents shall respect the limits defined below, expressed in the standard temperature conditions (273 Kelvins) and pressure (101.3 kilopascals) after deduction of water vapour (dry gas) and measured according to the methods defined in 6.3.
    The emission limits expressed in concentration relate to a quantity of gaseous effluent that has not undergone dilution other than those possibly required by the processes used.


    6.2.1. Pulses


    If the mass flow is less than 0.5 kg/h, the gases released to the atmosphere do not contain more than 150 mg/Nm3 of dust.
    If the mass flow is greater than 0.5 kg/h, the gases released to the atmosphere do not contain more than 100 mg/Nm3 of dust.


    6.2.2. Volatile organic compounds (VOCs)
    A. ― For enamel facilities
    on ceramic products


    Not applicable.


    B. ∙ For all other facilities
    (a) Definitions


    We hear:
    ― "volatile organic compound" (VOCs), any organic compound, excluding methane, having a vapour pressure of 0.01 kPa or more at a temperature of 293.15 °K or having a corresponding volatility under special conditions of use.
    ― "organic solvent", any VOCs used alone or in combination with other agents, without undergoing any chemical modification, to dissolve raw materials, products or waste, or used as cleaning solvents to dissolve dirt, or as dissolvent, dispersing, viscosity corrector, surface tension corrector, plasticizer or protective agent;
    - "organic solvent consumption", the total amount of organic solvents used in a facility over a twelve-month period, reduced the amount of VOCs recovered internally for reuse;
    "reuse", the use of organic solvents recovered in a facility for technical or commercial purposes, including as a fuel. Do not enter the definition of "reuse" the recovered organic solvents that are permanently evacuated as waste;
    "use of organic solvents", the amount of organic solvents, in pure state or in preparations, which is used in the exercise of an activity, including recycled solvents inside or outside the facility, which are counted each time they are used for the exercise of the activity;
    ― "a broadcast of VOCs", any VOC emissions in air, soil and water, which do not take place in the form of channelled emissions. For the specific case of VOCs, this definition covers, unless otherwise specified, delayed emissions due to solvents in finished products.


    (b) Emission limit values


    Exemptions to the diffuse emission limits of VOCs listed below may be granted by the Prefect, if the operator demonstrates the acceptable nature of the risks to human health or the environment and uses the best available techniques.
    I. – General case.
    If the total hourly flux of VOCs (1) exceeds 2 kg/h, the total carbon limit value of the total concentration of all compounds is 110 mg/m3. In addition, if annual solvent consumption is more than 5 tonnes, the annual stream of diffuse emissions does not exceed 25% of the amount of solvents used.
    II. ― Substances with risk phrases R 45, R 46, R 49, R 60, R 61 (Carcinogenic, mutagenic or toxic for reproduction of Category 1 and 2) and halogenated R 40, as defined in the above-mentioned April 20, 1994.
    Substances or preparations to which are attributed, or on which are affixed, risk phrases R 45, R 46, R 49, R 60 or R 61, due to their substance content of carcinogenic, mutagenic or toxic organic compounds for reproduction, are replaced as much as possible by less dangerous or non-dangerous substances or preparations. If this replacement is not technically and economically feasible, the emission limit value of 2 mg/m3 in VOC is imposed if the maximum hourly flux of the entire facility is greater than or equal to 10 g/h. The limit value above refers to the mass sum of the different compounds.
    For emissions of halogenated organic compounds labelled R 40, a limit emission value of 20 mg/m3 expressed in total carbon is imposed if the maximum hourly flux of the entire facility is greater than or equal to 100 g/h. The emission limit value above refers to the mass sum of the different compounds.

    (1) For continuous processes, the total time flow of VOCs is calculated on a representative day of the year, dividing the daily amount of VOCs emitted by the number of hours actually worked.



    6.2.3. Specific pollutants


    (a) Sulphur oxides (expressed in sulphur dioxide).
    If the time flow is greater than 25 kg/h, the concentration limit is 300 mg/m3.
    (b) Nitrogen oxides (expressed in nitrogen dioxide).
    If the hourly flux exceeds 25 kg/h, the limit value of the concentrations is 500 mg/m3.
    (c) Hydrogen chloride and other inorganic chlorine gaseous compounds (expressed in HCl).
    If the time flow is greater than 1 kg/h, the concentration limit is 50 mg/m3.
    (d) Fluor and inorganic fluorine compounds (gas, vesicles and particles) (expressed in HF).
    If the hourly flux is greater than 500 g/h, the concentration limit is 5 mg/m3 for gaseous compounds and 5 mg/m3 for all vesicles and particles.
    (e) Metals and compounds (gas and particulate matter):
    - Releases of cadmium, mercury and thallium, and their compounds: if the total hourly flux of cadmium, mercury and thallium, and their compounds exceed 1 g/h, the concentration limit value is 0.05 mg/m3 per metal and 0.1 mg/m3 for the sum of metals (expressed in Cd + Hg + Tl);
    ― release of arsenic, selenium and tellure, and their compounds: if the total hourly flux of arsenic, selenium and tellure, and their compounds exceed 5 g/h, the concentration limit value is 1 mg/m3 (expressed as + Se + Te);
    - Releases of lead and compounds: if the total time flow of lead and compounds exceeds 10 g/h, the concentration limit value is 1 mg/m3 (expressed in Pb);
    ― discharges of antimony, chrome, cobalt, copper, tin, manganese, nickel, vanadium and zinc, and their compounds: if the total time flow of antimony, chrome, cobalt, copper, tin, manganese, nickel, vanadium, zinc and their compounds exceeds 25 g/h, the limit value of concentration is 5 mg/m3 (expressed in


    6.2.4. Release point


    The discharge point exceeds at least 3 metres the buildings within a 15-metre radius.


    6.2.5. Odeurs


    Without prejudice to the provisions of the Labour Code, facilities and warehouses that can generate odour emissions are arranged as much as possible in confined premises and if necessary ventilated. Gaseous effluents diffused or channeled from odour emissions are recovered and transported to a gas purification facility. All necessary measures are taken to limit odours from the treatment of smoke. When there are potential sources of large-surface odors (storage base, treatment basin...) that are difficult to confine, these are implanted in a way that limits the inconvenience to the neighbourhood. Crude or intermediate products that may cause odor emissions are stored as much as possible in closed containers.
    (a) The odor flow of the gases emitted to the atmosphere by all of the odorous sources lined, canalizable and diffuse, does not exceed the following values:


    EMISSION HIGH
    (m)
    DOWNLOAD
    (in oue/h)

    0

    1,000 × 103

    5

    3,600 × 103

    10

    21 000 × 103

    20

    180 000 × 103

    30

    720 000 × 103

    50

    3 600 × 106

    80

    18 000 × 106

    100

    36 000 ×106


    The level of an odor or concentration of a odorant mixture is conventionally defined as the dilution factor that must be applied to an effluent so that it is no longer felt as a odorant by 50% of the population sample. The odour flow is conventionally defined as the product of the air flow, expressed in m3/h, by the dilution factor at the threshold of perception.


    6.3. Operator monitoring of pollution released


    A measurement of the discharge rate and concentration of the pollutants referred to in 6.2 shall be carried out, according to the standard methods in force, at least every three years. However, pollutants that are not likely to be issued by the facility are not subject to periodic measurements. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to attest to the absence of these products in the facility.
    The odour flow measurement is performed, particularly at the request of the prefect, according to the standard methods in force if the installation is subject to olfactory nuisance complaints.
    The measures are carried out by an organization approved by the Minister responsible for the environment when it exists. In the absence of an accredited body, olfactory measures will be carried out according to the NF EN 13725 standard by an independent and competent laboratory that has established a quality assurance system and working in a network, such as laboratories accredited by the French Accreditation Committee (COFRAC) or by any other accreditation body signatory to the multilateral recognition agreement established in the framework of the European coordination of accreditation bodies (European Cooperation for Accreditation) This organization can use simplified methods.
    In the absence of a standardized specific method and where the compounds are in particulate or vesicular form, the isocintic sampling conditions described in NF × 44-052 are met.
    These measurements are carried out over a period of approximately half an hour, under conditions representative of the operation of the facility.
    In the event of an impossibility, related to activity or equipment, to perform a representative measure of discharges, an assessment of the operating conditions and capacities of the purification equipment to meet the limit values is carried out.


    7. Waste
    7.1. Recovery, recycling, disposal


    The operator eliminates or disposes of waste produced under conditions that ensure the interests of the operatorArticle L. 511-1 of the Environmental Code. It ensures that the facilities used for this disposal are regularly authorized for this purpose.


    7.2. Circuit controls


    The operator shall be bound to the registry, waste disposal declaration and monitoring slip obligations under the conditions set by the regulations.


    7.3. Waste storage


    Wastes produced by the facility are stored in conditions that prevent the risk of pollution (prevention of flares, runoffs, soil infiltration, odours...).
    The quantity of waste stored on the site does not exceed the monthly capacity produced or, in case of external processing, a normal batch of shipment to the disposal facility.


    7.4. Non-hazardous waste


    Non-hazardous waste (wood, paper, glass, textile, plastic, rubber, etc.) and uncleaned by toxic products or pollutants may be recovered, valued or disposed of in licensed facilities.
    The only authorized disposal modes for packaging waste are reuse, recycling or any other action to obtain usable materials or energy. This provision is not applicable to packaging waste holders that produce a weekly volume of less than 1,100 litres and deliver them to the municipal collection and processing service.


    7.5. Hazardous wastes


    Hazardous wastes are disposed of in regulated facilities under the Environmental Code under conditions that ensure environmental protection. A register of hazardous waste produced (nature, tonnage, disposal, etc.) is maintained. The operator shall issue a tracking slip as soon as it delivers these waste to a third party and is able to justify its disposal. The supporting documents are kept for three years.


    7.6. Burning


    The burning of waste in the open air is prohibited.


    8. Noise and vibration
    8.1. Noise limit values


    For the purpose of this Order, it is called:
    ― "emergence": the difference between the levels of continuous pressure weighted A of ambient noise (operating installation) and residual noise (in the absence of the noise generated by the installation);
    “Regulated Emergence Areas”:
    ― the interior of buildings inhabited or occupied by third parties, existing on the date of the declaration, and their closest external parts (course, garden, terrace), excluding those of buildings located in areas intended to receive artisanal or industrial activities;
    ―constructible areas defined by urban planning documents that are opposable to third parties and published on the date of the declaration;
    ― the interior of buildings inhabited or occupied by third parties that have been implanted after the date of the declaration in the building areas defined above, and their possible closest exterior parts (course, garden, terrace), excluding those of buildings located in areas intended to receive artisanal or industrial activities.
    For existing facilities, reported no later than four months before the date of publication of this Order in the Official Gazette, the date of the declaration is replaced, in the above definition of regulated emerging areas, by the date of this Order.
    The facility is constructed, equipped and operated in such a way that its operation cannot be caused by air or solidian noises that could compromise the health or safety of the neighbourhood or create a nuisance for the neighbourhood.
    The sound emissions emitted by the facility are not at the origin, in the regulated emerging areas, of an emergence greater than the eligible values defined in the following table:


    AMBIANT LEVEL
    existing in areas
    Regulated emergence
    (including installation noise)
    EMERGENCE ADMISSIBLE
    for the period from 7 a.m. to 10 p.m.,
    except Sundays and holidays
    EMERGENCE ADMISSIBLE
    for the period from 22 to 7 a.m.,
    Sundays and holidays

    Higher than 35 and less than or equal to 45 dB(A)

    6 dB(A)

    4 dB(A)

    Higher than 45 dB(A)

    5 dB(A)

    3 dB(A)


    In addition, the limit of ownership of the facility shall not exceed, when in operation, 70 dB(A) for the day period and 60 dB(A) for the night period, unless the residual noise for the period under review is greater than that limit.
    In the event that the particular noise of the establishment is marked tone within the meaning of point 1.9 of the schedule to the decision of 23 January 1997 relating to the limitation of the noises emitted in the environment by the facilities classified for the protection of the environment, in an established or cyclical manner, the duration of the establishment's appearance may not exceed 30% of the duration of operation of the establishment in each of the diurnal or night periods defined in the above.
    When several classified facilities, subject to reporting under different headings, are located within the same facility, the overall noise level emitted by these facilities must meet the above limit values.


    8.2. Vehicles, construction equipment


    Transport vehicles, handling equipment and construction equipment used inside the facility are in accordance with the provisions in force for limiting their sound emissions.
    The use of all acoustic communication devices (sirnas, tellers, speakers, etc.), which are uncomfortable for the neighbourhood, is prohibited unless their use is exceptional and reserved for the prevention and reporting of serious incidents or accidents.


    8.3. Vibrations (*)
    8.4. Operator monitoring
    sound emissions


    The operator puts in place a monitoring of the sound emissions of the facility to estimate the value of the emergence generated in the regulated emerging areas. The measurements shall be carried out according to the method set out in the annex to the decision of 23 January 1997. These measurements are carried out under representative conditions of the operation of the facility for at least half an hour.
    A measure of noise level and emergence is carried out at least every three years by a qualified person or body.


    9. Rehabilitation at the end of operation


    In addition to the provisions set out in 1.7, the operator shall rehabilitate the site to ensure that there is no further danger and disadvantage. In particular:
    – all hazardous products and all wastes are valued or evacuated to duly authorized facilities;
    – tanks containing products that may pollute or cause a fire or explosion are poisoned, cleaned, degassed and, if any, decontaminated. They are if possible removed, otherwise they are neutralized by filling with a solid inert. The product used for neutralization covers the entire surface of the inner wall and has sufficient durability to prevent surface soil degradation.

    (*) A model was established for the drafting of general requirements for reporting facilities. Certain provisions of this model, which are not justified for facilities covered by heading 2570, have been deleted. However, the numbering was retained to allow a homogeneity between the general requirements of all the headings of the nomenclature.



    A N N E X E I
    PROVISIONS FOR EXISTING INSTALLATIONS


    The provisions are applicable to existing facilities according to the following schedule:


    PUBLICATION DATE + 12 MOIS
    PUBLICATION DATE + 18 MOIS

    1. General provisions

    5.9. Water ― Operator monitoring of pollution released

    2. Implantation-development (except 2.1, 2.3 and 2.4)

    6.3. Air ― Discharged pollution operator monitoring

    3. Maintenance operations

    8.4. Bruit ― Operator monitoring of sound emissions

    4. Risks


    5. Water (except 5.3-1 and 5.9)


    6. Air odors (except 6.3)


    7. Waste


    8. Noise and vibration (except 8.4)


    9. Rehabilitation



    The provisions in the table above are not applicable to existing facilities.
    For existing facilities, the first paragraph of Item 5.3 of Schedule I applies within the following time limit:
    4 years after publication in the Official Journal of this text, if the commune is equipped with a separative network;
    4 years after the implementation of such a network in the opposite case, but without prejudice to any local regulations made by the municipality or local authorities in particular.


    A N N E X E I I
    REQUIREMENTS FOR OBJECT
    PERIODIC CONTROL


    The control set out in item 1.8 of Schedule I shall include the following provisions (the points refer to Appendix I):


    1. General provisions
    1.4. File installation classified


    "The operator shall prepare and maintain a record with the following documents:
    - the declaration file;
    - plans kept up to date;
    - the receipt of declaration and general requirements;
    - prefectural orders relating to the facility concerned, taken under the law relating to facilities classified for the protection of the environment, if any;
    ― the results of the latest effluent and noise measurements;
    - the documents provided for in items 1.8, 3.5, 3.6, 4.1, 4.7, 5.1, 7.5 of this Order. »
    Subject of control:
    - presence of the declaration receipt;
    - presence of general requirements;
    • presence of plans;
    - presence of prefectural orders relating to the installation, if any.


    2. Implantation, development
    2.1. Implementing rules


    "The facility is located and maintained at a distance of at least 10 metres from the property limits. An exemption may be granted by the prefect subject to the presentation of a file justifying the absence of risks. »
    Subject of control:
    ― verify the distance between installation and ownership limits.


    2.3. Prohibition of residential or third-party premises
    or inhabited above and below the facility


    "The facility does not surmount or is not surmounted by premises inhabited or occupied by third parties. »
    Subject of control:
    ― absence of premises inhabited by third parties overcoming or surmounted by the facility.


    2.4. Lighting behaviour
    2.4.4. Defumage


    "The premises referred to in the first paragraph of paragraph 2.4.2. are equipped in part high of natural smoke and heat evacuation devices, in accordance with existing standards, allowing the free air evacuation of smoke, combustion gas, heat and unburned products in the event of a fire.
    These devices are automatic and manually controlled. Their useful opening surface should not be less than:
    ∙ 2% if the area to be deflated is less than 1,600 square metres;
    - to be determined by the nature of the risk if the area to be deflated is greater than 1,600 square metres without being less than 2% of the area.
    In normal operation, rearming (closing) is possible from the floor of the premises or from the defensive zone or the cell to be deactivated in the case of locals divided into several cantons or cells.
    Manual opening controls are located near the access. »
    Subject of control:
    - presence of natural smoke and heat evacuation device;
    • verify that the device is equipped with automatic and manual controls;
    ― positioning of manual opening controls near access.


    2.5. Accessibility


    "The facility is accessible to allow fire and rescue services to operate. It is served, on at least one face, by means of an equipment track or by a ladder if the lower floor of the highest level of this facility is at a height greater than 8 meters above that track.
    One of the facades is equipped with openings allowing the passage of equipped saviors. »
    Subject of control:
    - presence of an equipment or ladder, if applicable;
    – presence of openings allowing the passage of saviors equipped on one of the facades.


    2.6. Ventilation


    "Without prejudice to the provisions of the Labour Code and in the normal operating phase, the premises are properly ventilated to avoid any risk of explosive or toxic atmosphere. »
    Subject of control:
    - presence of ventilation devices.


    2.9. Retention of work areas and premises


    "The soil of areas and premises for the storage or handling of hazardous materials for humans or likely to create pollution of water or soil is watertight, A1 (incombustible) and equipped so that it can collect washwater and diffuse materials accidentally. For this purpose, a raised threshold relative to the ground level or any equivalent device separates them from the outside or other areas or premises. The materials collected are recovered and recycled, or processed in accordance with point 5.5 and heading 7. »
    Subject of control:
    ― verifying soil sealing (by visual examination: nature and absence of cracks);
    ― verifying the capacity of local and local areas to collect water and water (e.g., threshold presence).


    2.10. Retention bowls


    "Every storage of liquid products that may create pollution of water or soil is associated with a retention capacity that is at least equal to the largest of the following two values:
    100% of the capacity of the largest tank;
    50% of the overall capacity of the associated tanks.
    Fixed tanks are equipped with level gauges and for buried storage of filling limiters. Storage under the soil level is permitted only in masonate or assimilated pit tanks. The watertightness of the tanks is controlled.
    When the storage is made exclusively of receptacles of unitary capacity less than or equal to 250 litres, allowed for transport, the minimum retention volume is equal to either the total capacity of the receptacles if that capacity is less than 800 litres, or 20% of the total capacity or 50% in the case of flammable liquids (except lubricants) with a minimum of 800 litres if that capacity exceeds 800 litres. The retention capacity is waterproof to the products it could contain and resist the physical and chemical action of the fluids. The same applies to the shut-off device, which is kept closed in normal conditions.
    Containers or containers containing products that are likely to react dangerously together or containing products that are incompatible shall not be associated with the same retention bowl. »
    Subject of control:
    - presence of retention cuvettes;
    ― verifying the volume of retention cuvettes;
    - presence of level gauges for fixed tanks;
    – presence of filling limiters for buried storages;
    ― verifying the storage conditions under the soil level (mason or assimilated pit tanks);
    ― verifying the sealing of the retention bowls (by visual examination: nature and absence of cracks);
    ― verify that the shut-off device is in closed position;
    – presence of separate retention cuvettes for products that can react dangerously together.


    2.11. Isolation of the collection network


    "Assets for the shut-off of run-off water systems are established to maintain on the site the extinguishing water of a disaster or the flow of a transport accident. A directive sets out the modalities for the implementation of these devices. »
    Subject of control:
    - presence of shut-off systems for run-off drainage systems;
    – presence of a directive defining the modalities for the implementation of these devices.


    3. Operation, maintenance
    3.3. Knowledge of products, labelling


    "The operator shall keep at its disposal documents allowing it to know the nature and risks of hazardous products present in the facility, in particular safety data sheets.
    The drums, tanks and other packagings shall bear in very legible characters the name of the products and, where appropriate, the hazard symbols in accordance with the labelling of hazardous substances and chemical preparations. »
    Subject of control:
    • presence of security data sheets;
    – presence and legibility of product names and hazard symbols on drums, tanks and packagings.


    3.5. State of stockpiles of dangerous goods


    "The operator maintains a state of the nature and quantity of the inmate hazardous products to which a general storage plan is attached. »
    Subject of control:
    - presence of the stock (the nature and quantity) of dangerous goods;
    - conformity of stocks of dangerous goods present on the day of stock control;
    – presence of the general storage plan.


    3.6. Operating conditions


    "Operations involving dangerous manipulations and the conduct of facilities (starting and stopping, normal operation, maintenance...) are the subject of written operating instructions. These instructions include:
    - the operating modes;
    - the frequency of verification of pollution safety and treatment devices and nuisance generated;
    - maintenance and cleaning instructions;
    - the maintenance of only quantities required for the operation of the facility in the production or use of hazardous or combustible materials;
    – the conditions for the conservation and storage of products;
    - the frequency of inspection of the leakage and attachment of the tanks and verification of the retention devices. »
    Subject of control:
    • presence of operating instructions specifying:
    - the operating modes;
    - the frequency of verification of pollution safety and treatment devices and nuisance generated;
    - maintenance and cleaning instructions;
    - the maintenance of only quantities required for the operation of the facility in the production or use of hazardous or combustible materials;
    – the conditions for the conservation and storage of products;
    - the frequency of inspection of the leakage and attachment of the tanks and of verification of the retention devices.


    4. Risks
    4.1. Risk location


    "The operator shall identify, under its responsibility, the parts of the facility that, because of the qualitative and quantitative characteristics of the material being implemented, stored, used or produced, are likely to cause a disaster that may have direct or indirect consequences on the environment, public safety or the maintenance of the facility.
    The operator determines for each part of the facility the nature of the risk (fire, explosive atmospheres or toxic emanations). This risk is reported. The workshops and handling areas of these products are part of this census.
    The operator has a general plan of the workshops and storages indicating the different hazard areas associated with these risks. »
    Subject of control:
    - presence of a general plan of workshops and storages indicating the different areas of danger;
    - presence of risk signalling in danger areas, in accordance with the plan indications.


    4.3. Fire fighting means


    "The premises referred to in the first paragraph of paragraph 2.4.2. shall be equipped with fire-fighting means appropriate to the hazards and in accordance with existing standards, including:
    ― one or more fire appliances (e.g. water, poles) of a public or private network established in such a way that, on the one hand, any point of the space limit is less than 100 metres from a device, and on the other hand, any point of the space limit is less than 200 metres from one or more devices to provide a minimum flow of 60m3/h If not, a water reserve intended for extinction is accessible in all circumstances and at a distance from the storage having collected the advice of departmental fire and rescue services;
    ― extinguishers distributed inside the premises, on the outside areas and in places with specific risks, close to the clearances, well visible and easily accessible. Extinguishing agents are appropriate to the risks to be combated and compatible with the materials present in the premises;
    - armed fire valves, distributed in the premises referred to in the first paragraph of point 2.4.2, depending on its dimensions and located near the exits. They are arranged so that a fireplace can be attacked simultaneously by two lances from two different angles. They are usable during gel periods;
    a means to alert fire and rescue services;
    – plans of premises facilitating the operation of fire and rescue services with a description of the hazards for each premises;
    - an automatic fire detection system.
    These materials are maintained in good condition and verified at least once a year. »
    Subject of control:
    presence and installation of fire equipment;
    - presence and location of at least one extinguisher;
    - presence of armed fire faucets;
    - presence of a fire and rescue service alert;
    - presence of plans of premises facilitating the intervention of fire and rescue services;
    • presence of an automatic fire detection system;
    - presentation of the proof of the annual audit of these materials.


    4.5. Prohibition of fires


    "In the parts of the facility, referred to in point 4.1, with fire or explosion hazards, it is prohibited to bring fire in any form except for the construction of work that has been the subject of a "fire permit". This prohibition is displayed in apparent characters within zone limits. »
    Subject of control:
    ― Presence of area-limit displays informing the fire ban.


    4.7. Safety signs


    "Without prejudice to the provisions of the Labour Code, instructions specifying the terms and conditions of application of the provisions of this Order shall be established, kept up-to-date and brought to the attention of staff in places frequented by staff. »
    Subject of control:
    – presence of security instructions in places frequented by staff.


    5. Water
    5.1. Abductions


    "Water sampling facilities in the natural environment are equipped with total water quantity measuring devices. These measures are regularly noted and the result is recorded and held at the disposal of the inspection of classified facilities.
    The connection to a water table or the public drinking water distribution network is equipped with a device that prevents the return of water that can be polluted. »
    Subject of control:
    - presence of a device for totalizing the amount of water taken from the natural environment;
    • presence of a device that prevents the return of water at all times.


    5.3. Collection network


    "The collection network is separative in nature to isolate polluted waste water from non-polluted rainwater. »
    Subject of control:
    ― verify that the collection network is separative.


    5.4. Measurement of rejected volumes


    "The amount of water released is measured monthly or default based on a water balance sheet, taking into account, among other things, the measurement of water taken from the public distribution network or in the natural environment. »
    Subject of control:
    - presence of the results of the measures made by the operator; or
    ― assessment based on a water assessment.


    5.9. Operator monitoring of pollution released


    "A measure of the concentrations of the different pollutants referred to in point 5.5 shall be carried out at least every three years by a body approved by the Minister responsible for the environment according to the reference methods specified in the above-mentioned decision of 7 July 2009. These measurements are carried out on a representative sample of the operation on a day of the installation, consisting either by a continuous sampling of half an hour or by at least two instantaneous samplings spaced half an hour. In the event that such a sample is not available, an assessment of the capacity of the treatment equipment to meet the limit values is carried out. A flow measurement is also carried out or estimated from consumption, if it is greater than 10 m3/d.
    The pollutants referred to in point 5.5 that are not likely to be issued by the facility are not subject to the periodic measures provided for in this item. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to verify the absence of such products from the facility. »
    Subject of control:
    - presence of the results of the pollutant measurements referred to in point 5.5 by an approved body;
    ― verify compliance of measurement results with applicable emission limit values;
    - presence of measurements or flow estimate if it is greater than 10 m3/d;
    ― the presence of evidence that pollutants referred to in point 5.5 not subject to periodic measurements are not issued by the facility.


    6. Air, odours
    6.1. Capture and purification of releases to the atmosphere


    "Smoke, gas, dust or odours are equipped with devices to collect and channel emissions as much as possible. These devices, after purification of the gases collected as necessary, are equipped with obturable and accessible holes, in accordance with the provisions of NF × 44-052, for sampling for analysis or measurement. The outlet of the chimneys is far from the maximum of buildings inhabited or occupied by third parties and the mouths of fresh air aspiration and do not contain obstacles to the diffusion of the gas (Chinese hatches...). »
    Subject of control:
    - presence of devices to collect and channel smoke, gas, dust or odor emissions;
    – presence of obturable and accessible openings;
    – lack of obstacles to the diffusion of gases.


    6.2. Limit values and conditions of release
    6.2.4. Release point


    "The discharge point exceeds at least 3 metres the buildings within a 15-metre radius. »
    Subject of control:
    ― verify that the discharge point exceeds at least 3 metres the buildings within a 15-metre radius.


    6.3. Operator monitoring of pollution released


    "A measurement of the discharged flow and concentration of the pollutants referred to in 6.2 shall be carried out, according to the standard methods in force, at least every three years. However, pollutants that are not likely to be issued by the facility are not subject to periodic measurements. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to attest to the absence of these products in the facility.
    The odour flow measurement is performed, particularly at the request of the prefect, according to the standard methods in force if the installation is subject to olfactory nuisance complaints.
    The measures are carried out by an organization approved by the Minister responsible for the environment when it exists. In the absence of an accredited body, olfactory measures will be carried out according to the NF EN 13725 standard by an independent and competent laboratory that has established a quality assurance system and working in a network, such as laboratories accredited by the French Accreditation Committee (COFRAC) or by any other accreditation body signatory to the multilateral recognition agreement established in the framework of the European coordination of accreditation bodies (EuropeanEA Cooperation for Cooperation) This organization can use simplified methods.
    In the absence of a standardized specific method and where the compounds are in particulate or vesicular form, the isocintic sampling conditions described in NF × 44-052 are met.
    These measurements are carried out over a period of approximately half an hour, under conditions representative of the operation of the facility.
    In the event of an impossibility, related to activity or equipment, to perform a representative measure of discharges, an assessment of the operating conditions and capacities of the purification equipment to meet the limit values is carried out. »
    Subject of control:
    - presence of the results of the measures taken by the operator or assessment of the operating conditions and capacity of the purification equipment to meet the limit values;
    ― verify compliance with applicable emission limit values.


    7. Waste
    7.2. Circuit controls


    "The operator is bound to the registry, waste disposal declaration and monitoring slip obligations under the conditions set by the regulations. »
    Subject of control:
    - presence of the waste disposal register;
    - presence of follow-up slips.


    7.5. Hazardous wastes


    "Hazardous wastes are disposed of in regulated facilities under the Environmental Code under conditions that ensure environmental protection. A register of hazardous waste produced (nature, tonnage, disposal, etc.) is maintained. The operator shall issue a tracking slip as soon as it delivers these waste to a third party and is able to justify its disposal. The supporting documents are kept for three years. »
    Subject of control:
    - presence of the hazardous waste registry produced;
    - presence of follow-up slips.


    8. Noise and vibration
    8.4. Operator monitoring
    sound emissions


    "The operator puts in place a monitoring of the sound emissions of the facility to estimate the value of the emergence generated in the regulated emerging areas. The measurements shall be carried out according to the method set out in the annex to the decision of 23 January 1997. These measurements are carried out under representative conditions of the operation of the facility for at least half an hour.
    A measure of noise level and emergence is carried out at least every three years by a qualified person or body. »
    Subject of control:
    • presence of the results of the actions of an organization;
    ― verify compliance with applicable emission limit values with the measurement results.


Done in Paris, July 7, 2009.


For the Minister and by delegation:

Director General

risk prevention,

L. Michel


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