Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
Considering the Convention on Long-range Transboundary Air Pollution signed on 13 November 1979, which entered into force on 16 March 1983, as well as its protocols, including the Geneva Convention adopted on 18 November 1991, which entered into force on 29 September 1997 on a reduction in emissions of volatile organic compounds and their transboundary fluxes;
Considering Council 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 facilities;
Given the environmental code, including title I and title II of Book V, including its articles R. 512-33 and R. 512-54;
Given the Public Health Code, including its Articles R. 1342-1 and following;
Having regard to the amended decision of 2 February 1998 relating to water sampling and consumption, as well as to the emissions of any kind of facilities classified for environmental protection subject to authorization, including section 67;
Having regard to the amended decision of 14 January 2000 on the general requirements for facilities classified for the protection of the environment under heading 2661 "Transformation of polymers of plastics, rubber, elastomers, resins and synthetic adhesives", including its annex I;
Having regard to the Decree of 25 July 2001 on the general requirements for facilities classified for the protection of the environment under the heading No. 2330 "Teinture, impression, prime, enduction, bleaching and washing of textile materials", including its annex I;
Having regard to the amended Decree of 25 July 2001 on the general requirements for plants classified for environmental protection under heading No. 2351 "Teinture and pigmentation of skins", including its annex I;
In view of the Decree of 25 July 2001 on the general requirements for facilities classified for the protection of the environment under the headings No. 2360 "Shoe manufacturing workshops, leather works or leather and skin work", including its annex I;
Having regard to the amended Decree of 2 May 2002 on the general requirements for classified facilities under heading No. 2940 relating to the use (application, cooking, drying) of varnish, paint, prime, glue, coating, etc., on any medium (metal, wood, plastic, leather, paper, textile), excluding activities covered by other headings including sections No. 1550,
Having regard to the amended Decree of 16 July 2003 on the general requirements for classified facilities under heading 2450 "Printing or graphic reproduction workshops on any medium such as metal, paper, cardboard, plastics, textiles, etc., using a printer form", including its annex I;
In view of the decision of 4 June 2004 on general requirements for classified facilities under heading 2930 relating to repair and maintenance workshops for motor vehicles and machinery, including body and metalworking activities, including its annex I;
Having regard to the amended decision of 21 June 2004 on the general requirements for classified facilities under heading 2564 on cleaning, degreasing, shifting of surfaces (metals, plastics...) by processes using organohalogen liquids or organic solvents, including its annex I;
Having regard to the amended decision of 13 October 2004 on the general requirements for classified facilities under heading 2685, "Medicals (manufacture and division for the preparation of) for human or veterinary use", including its annex I;
Having regard to the amended decision of 17 December 2004 on the general requirements for classified facilities under heading No. 2415 relating to installations for the implementation of wood products and derivative materials, including its annex I;
Having regard to the amended decision of 20 April 2005 on the general requirements for facilities classified for the protection of the environment referred to in section No. 1433 relating to the mixture or use of flammable liquids, including its annex I;
Having regard to the 12 September 2009 general requirements for facilities classified for environmental protection under heading No. 2345 relating to the use of solvents for dry cleaning and the treatment of textiles or clothing, including its annex I;
Having regard to the decision of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code;
In light of the opinion of the Higher Council of Facilities classified as of 20 October 2009,
Stop it!
In section 67 of the above-mentioned decision of 2 February 1998, the following paragraphs shall be inserted after the fifth paragraph:
"For facilities referred to in paragraphs 19 to 36 of section 30, the operator shall file a new application for authorization for any substantial modification of the facility.
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, for facilities with a nominal capacity below the thresholds listed in Appendix II of the 15 December 2009 Order setting certain thresholds and criteria referred to in sections R. 512-33 and R. 512-54 of the Environmental Code, the Prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility did not exceed the level that would have been changed if »
The provisions of Schedule I to the amended decision of June 21, 2004 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, this is the case for any modification of the nominal capacity of the surface cleaning facility resulting in an increase in emissions of volatile organic compounds greater than 10% in the general case or 25% when the solvent consumption of the facility is between 1 and 5 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of 16 July 2003 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any amendment made by the declarant to the facility, its mode of operation or its vicinity, resulting in a noticeable change in the elements of the initial reporting file, shall be communicated to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. This is in particular the case for any modification of the nominal capacity of the facility whose activity is mentioned in point 6. 2. b. 2. It results in an increase in emissions of higher volatile organic compounds:
― 10% for installations with solvent consumption greater than 25 tonnes per year for thermal dryer, publishing helipogravure and other helipogravure units, flexography, rotary screen printing, counter-collage or varnishing, and for installations with solvent consumption greater than 30 tonnes per year for rotary printing / varnishing
– 25% for installations with solvent consumption between 15 and 25 tonnes per year for thermal dryer offset and other helogravure units, flexography, rotary screen printing, counter-collage or varnishing.
(Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order dated 2 May 2002 relating to the application of varnish and paints are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any amendment made by the declarant to the facility, its mode of operation or its vicinity, resulting in a noticeable change in the elements of the initial reporting file, shall be communicated to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. This is in particular the case for any modification of the nominal capacity of the facility whose activity is mentioned in point 6. 2. b. II resulting in an increase in emissions of higher volatile organic compounds:
- 10 % for installations with solvent consumption greater than 10 tonnes per year for the coating of winding yarn, wood and plastic stratification, coating of vehicles and coating of origin on a road vehicle or on a part, using materials of the same type as retouching materials, when this operation is not carried out in the production chain, for installations whose consumption of metals
- 25 % for installations with solvent consumption is between 5 and 10 tons per year for coatings of winding wire, wood stratification and plastic, for installations with solvent consumption of between 0, 5 and 10 tons per year for the activities of coating of vehicles and coating of origin on a road vehicle or on a part, using materials of the same type
(Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of January 14, 2000 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any amendment made by the declarant to the facility, its mode of operation or its vicinity, resulting in a noticeable change in the elements of the initial reporting file, shall be communicated to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. This is particularly the case for any modification of the nominal capacity of the rubber conversion facility leading to an increase in emissions of volatile organic compounds greater than 10% for solvent-consumption plants greater than 15 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of 17 December 2004 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any amendment made by the declarant to the facility, its mode of operation or its vicinity, resulting in a noticeable change in the elements of the initial reporting file, shall be communicated to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, it is the case for any modification of the nominal capacity of the wood impregnation installation resulting in an increase in emissions of volatile organic compounds greater than 10% for installations with solvent consumption greater than 25 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of 25 July 2001 relating to shoemaking, leatherwork or leather and skin work are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, this is the case for any modification of the nominal capacity of the shoe manufacturing facility resulting in an increase in emissions of volatile organic compounds greater than 10% in the general case or 25% for solvent-consumption plants between 5 and 10 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of September 12, 2009 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, this is the case for any modification of the nominal capacity of the dry cleaning facility resulting in an increase in the emissions of volatile organic compounds greater than 10% in the general case or 25% for installations with solvent consumption less than or equal to 10 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of 13 October 2004 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any amendment made by the declarant to the facility, its mode of operation or its vicinity, resulting in a noticeable change in the elements of the initial reporting file, shall be communicated to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. This is particularly the case for any modification of the nominal capacity of the pharmaceutical manufacturing facility resulting in an increase in emissions of volatile organic compounds greater than 10% for solvent-consumption plants greater than 50 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Appendix I to the above-mentioned dated July 25, 2001 concerning dyeing, printing, primer, coating, bleaching and washing of textile materials are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, this is the case for any modification of the nominal capacity of the textile coating facility resulting in an increase in emissions of volatile organic compounds greater than 10% in the general case or 25% for solvent-consumption plants between 5 and 15 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Appendix I to the above-mentioned dated July 25, 2001 concerning skin dyes and pigmentation are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, this is the case for any modification of the nominal capacity of the leather coating facility resulting in an increase in emissions of volatile organic compounds greater than 10% in the general case or 25% for solvent-consumption plants between 10 and 25 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of 20 April 2005 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, it is the case for any modification of the nominal capacity of the mixing, coating, varnish, ink and adhesive manufacturing facility resulting in an increase in emissions of volatile organic compounds greater than 10% in the general case or 25% for installations with solvent consumption between 10 and 1,000 tonnes per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
The provisions of Annex I to the above-mentioned Order of June 4, 2004 are amended as follows:
Item 1. 2. The first paragraph shall be replaced by the following paragraphs:
"Any modification 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 notified to the prefect before it is made, who requests a new declaration if the amendment is considered to be substantial. In particular, this is the case for any modification of the nominal capacity of the coating facility and trailer retouche (including semi-trailers) resulting in an increase in emissions of volatile organic compounds greater than 10% in the general case or 25% for installations with solvent consumption between 0, 5 and 10 tons per year. (Article R. 512-54 of the Environmental Code and decree of 15 December 2009 setting certain thresholds and criteria mentioned in articles R. 512-33 and R. 512-54 of the Environmental Code.)
The portion of the facility that undergoes a substantial change is consistent with the VOC emission limit values for new facilities. However, the prefect may set limit values corresponding to those relating to existing facilities if the total emissions of the entire facility do not exceed the level that would have been achieved if the party undergoing the modification had been treated as a new facility. »
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.
Done in Paris, December 15, 2009.
For the Minister and by delegation:
Director General
risk prevention,
L. Michel
