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Decree Of 26 August 2013 For Combustion Plants With A Power Greater Or Equal To 20 Mw Subject To Authorisation Under Section 2910 And Heading 2931

Original Language Title: Arrêté du 26 août 2013 relatif aux installations de combustion d'une puissance supérieure ou égale à 20 MW soumises à autorisation au titre de la rubrique 2910 et de la rubrique 2931

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Directive 2010/75/EU of the European Parliament and the Council of 24 November 2010 on industrial emissions (Integrated pollution prevention and reduction)

Summary

Complete implementation of the European Parliament and Council Directive 2010/75/EU of 24 November 2010 on industrial emissions (integrated prevention and reduction of pollution).

Keywords

SUSTAINABLE DEVELOPMENT, EUROPEAN DIRECTIVE, COMPLETE TRANSPOSITION


JORF n°0226 of 28 September 2013 page 16179
text No. 19



Decision of 26 August 2013 on combustion plants of a power greater than or equal to 20 MW subject to authorization under heading 2910 and section 2931

NOR: DEVP1300515A ELI: https://www.legifrance.gouv.fr/eli/arrete/2013/8/26/DEVP1300515A/jo/texte


Publics concerned: operators of combustion plants of a power greater than or equal to 20 MW subject to authorization under section 2910 of the nomenclature of plants classified for environmental protection.
Purpose: combustion installation, authorization, boilers, turbines, engines, emission limit, IED directive.
Commencement: This Order comes into force on 1 January 2014. It applies from that date to combustion plants, with the exception of turbines and engines, authorized as of November 1, 2010, and to turbines and engines authorized as of January 1, 2014. It applies from January 1, 2016 to other combustion plants.
Notice: This Order shall take all of the provisions applicable to combustion plants subject to authorization by repealing (in 2014 and 2016) the relevant orders to date:
- Amended 11 August 1999 regarding the reduction of pollutant emissions of combustion engines and turbines and boilers used in post-combustion subject to authorization under heading 2910 of the nomenclature of plants classified for environmental protection;
– Amended June 20, 2002 for boilers present in a new or modified plant with a power greater than 20 MWth;
● Amended July 30, 2003 regarding boilers present in existing combustion plants of more than 20 MWth;
– Order of October 31, 2007 amending the July 30, 2003 boiler order for existing combustion plants to exceed 20 MWth;
― Decree of July 23, 2010 on boilers present in combustion plants of a thermal power greater than or equal to 20 MWth authorized or modified as of November 1, 2010.
The provisions of this Order are transposed from Directive 2010/75/EU when they apply. In cases outside the scope of the directive, in particular where the installation has a power of less than 50 MW, the provisions have been reviewed to take into account the best available techniques, consistent with the parallel revision of the July 25, 1997 decision on the combustion plants reported under heading 2910-A.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Ecology,
Considering the Convention on Long-range Transboundary Air Pollution (UNECE) signed in Geneva on 13 November 1979;
In view of the United Nations Framework Convention on Climate Change (UNEP), signed in New York on 9 May 1992;
In view of recommendation PARCOM 97/2 on the prevention of emissions of heavy metals and persistent organic compounds from large combustion plants;
Considering the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on the Reduction of Acidification, Eutrophication and Ground-level Ozone, signed on 30 November 1999;
Considering the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals, signed on 24 June 1998;
Considering the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Persistent Organic Pollutants, signed on 24 June 1998;
Having regard to Council Directive 1999/32/EC of 26 April 1999 on a reduction in sulphur content of certain liquid fuels and amending Directive 93/12/EEC;
In light of Directive 2000/60/EC of 23 October 2000 establishing a framework for community water policy;
Considering Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants in the atmosphere from large combustion plants;
Considering Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001, setting national emission ceilings for certain air pollutants;
Considering Directive 2008/1/EC of 15 January 2008 on integrated pollution prevention and reduction;
Considering the 2010/75/EU directive on industrial emissions (integrated prevention and reduction of pollution);
In view of the Commission's decision No. 2012/249/EU of 7 May 2012 on the determination of start-up and stop-out periods for the purposes of the European Parliament Directive 2010/75/EU and the Industrial Emissions Council;
Considering the environmental code, including articles L. 210-1 to L. 214-16, L. 220-1 to L. 223-2, L. 222-4 to L. 222-7, L. 226-1 to L. 227-1, L. 511-1 to L. 517-2, L. 541-1 to L. 541-50, D. 211-10, R. 512-1 to R. 515-36, R.
In view of the Order of 20 August 1985 on air noises emitted into the environment by facilities classified for environmental protection;
Considering the decision of 23 January 1997 on the limitation of noises emitted in the environment by facilities classified for environmental protection;
Having regard to the amended decision of 2 February 1998 on water sampling and consumption, as well as to the emissions of any kind of facilities classified for environmental protection subject to authorization;
Considering the amended decision of 11 August 1999 on the reduction of pollutant emissions from combustion engines and turbines as well as boilers used in post-combustion under section 2910 of the nomenclature of plants classified for environmental protection;
Having regard to the amended dated 20 June 2002 concerning boilers present in a new or modified plant with a power greater than 20 MWth;
Considering the amended dated 30 July 2003 concerning boilers present in existing combustion plants of a power greater than 20 MWth;
Considering the amended Decree of 22 March 2004 on fire resistance of products, construction elements and works;
Having regard to the amended decision of 29 June 2004 on the operational balance sheet envisaged by the Decree No. 77-1133 of 21 September 1977 modified;
Having regard to the decision of 31 October 2007 amending the 30 July 2003 decision on boilers present in existing combustion plants of a power greater than 20 MWth;
Considering the amended decision of 31 January 2008 on the register and annual reporting of emissions and transfers of pollutants and wastes;
In view of the decision of 7 July 2009 on the modalities for air and water analysis in ICPEs and reference standards;
Considering the decision of March 11, 2010 concerning the accreditation of laboratories or organisms for certain types of sampling and analysis on the emission of substances in the atmosphere;
Having regard to the July 23, 2010 decision on boilers in combustion plants of a thermal power greater than or equal to 20 MWth authorized or modified as of November 1, 2010;
Considering the opinion of the professional organizations concerned;
Having regard to the advice of the Higher Council for the Prevention of Technological Risk of 18 December 2012;
Based on the advice of the Standards Advisory Board dated 25 July 2013,
Stop it!

  • PART I: GENERAL PROVISIONS
    • Chapter I: Definitions and conditions of application
      • Section 1: Definitions Article 1 Learn more about this article...


        For the purpose of this Order, the following means:
        "burning apparatus": any equipment referred to in section 2910 of the nomenclature of classified installations;
        "Residious Gas Thermal Treatment Device": any technical device that is intended for the treatment of waste gases by thermal oxidation and is not operated as an autonomous combustion facility. Are excluded from this definition combustion appliances implementing a recirculation of smoke;
        "Emergency Device":
        (a) Turbine or engine intended solely for the purpose of supplying safety systems or taking over the main power supply of the site in the event of accidental failure of the site; or
        (b) Turbine whose operation is necessary to ensure the security of the national electricity grid;
        Biomass: the following products:
        (a) Products made up of agricultural or forestry plant material that may be used as a fuel to use its energy content;
        (b) The following waste:
        (i) Agricultural and forest wastes;
        (ii) Plant waste from the industrial food processing sector, if the heat produced is valued;
        (iii) Fibrous plant wastes from the production of virgin paste and the production of paper from paste, if coiled at the place of production and if the heat produced is valued;
        (iv) Waste of cork;
        (v) Timber wastes, with the exception of wood wastes that are likely to contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or the placement of a coating, including such waste of wood from construction waste or demolition;
        "Heaven": any combustion apparatus that produces hot water, water vapour or overheated water, or changes the temperature of a thermal fluid, thanks to the heat released by combustion;
        "Road": a structure containing one or more pipes intended to reject the residual gases in the atmosphere;
        "Determining fuel": the fuel that, among all fuels used in a mixed-family combustion facility using the distillation and conversion residues of crude oil refinement, alone or with other fuels, for its own consumption, has the highest emission limit value in accordance with Chapter II of Title II of this Order or, in the case of several fuels having the same emission limit value, the high fuel that provides the
        "Operating hours": period, expressed in hours, during which all or part of a combustion plant is in operation and rejects emissions in the atmosphere, with the exception of start and stop phases;
        "burning installation": any technical device in which fuel products are oxidized to use the heat thus produced. A single combustion facility is considered to be any group of combustion appliances operated by the same operator and located on the same site (site enclosure) except that the operator demonstrates that the appliances could not be technically and economically connected to a common chimney. For installations whose initial authorization was granted before July 1, 1987, combustion appliances not connected to a common chimney may be considered as not technically and economically connected to a common chimney;
        "mixed household combustion plant": any combustion plant that can be powered simultaneously or turnover by two or more fuel types;
        "gas engine": an internal combustion engine operating according to the Otto cycle and using spark ignition or, in the case of double fuel engines, a compression ignition to burn fuel;
        "Flow Engine": an internal combustion engine operating according to the Diesel cycle and using compression ignition to burn fuel;
        "Nominal thermal power of a combustion device": the thermal power fixed and guaranteed by the manufacturer, expressed in lower calorific power, likely to be consumed continuously, expressed in thermal megawatts (MW);
        "Total rated thermal power": the sum of the nominal thermal powers of all unitary combustion appliances that make up the combustion plant without prejudice to the IV of Article 3, expressed in thermal megawatts (MW). When several combustion appliances that make up the installation are unable to operate simultaneously, the power of the installation is the maximum value among the sums of power of the appliances that can be simultaneously implemented;
        "Gas Turbine": any rotary device that converts thermal energy into mechanical work and consists mainly of a compressor, a thermal device that allows to oxidize the fuel so as to heat the working fluid and a turbine.

        Article 2 Learn more about this article...


        The abbreviations used have, as part of this Order, the following meaning:
        "AOX": absorbable organo-halogen compounds on activated carbon;
        "CH4": methane;
        "CO2": carbon dioxide;
        "VONM": total volatile organic compounds excluding methane;
        "DCO": chemical oxygen demand;
        LPG: liquefied petroleum gas;
        "PAH": polycyclic aromatic hydrocarbons;
        "HCl": hydrochloric acid;
        "HF": hydrofluoric acid;
        "MEST": total suspension materials;
        "N2O": nitrogen protoxide;
        "NOX": nitrogen oxides (NO + NO2) expressed in NO2 equivalent;
        "P": total nominal thermal power of the entire installation;
        "PM10": aerodynamic diameter particles less than or equal to 10 μm;
        SO2: sulphur oxides expressed in SO2 equivalent;
        "ELV": emission limit value;
        "ZNI": area not interconnected with the continental metropolitan network.

      • Section 2: Scope and conditions of application Article 3 Learn more about this article...


        I. ― This Order applies to combustion plants of a power greater than or equal to 20 MW subject to authorization under heading 2910 of the classification facility nomenclature. The facilities subject to authorization under section 2931 are subject to the only provisions of section 21 of this Order.
        II. - This Order comes into force on 1 January 2014.
        It applies from its entry into force:
        - at combustion plants, except for turbines and engines, authorized as of November 1, 2010;
        – as well as the turbines and engines authorized as of January 1, 2014.
        It applies from January 1, 2016 to other combustion plants.
        III. - Do not enter the scope of this order:
        - installations whose combustion products are used for direct warming, drying or any other treatment of objects or materials;
        - thermal treatment facilities for waste gases that are not operated as autonomous combustion plants;
        - catalytic cracking catalyst regeneration devices;
        ― hydrogen sulfur conversion devices;
        – reactors used in the chemical industry;
        coke ovens;
        - the cowpers of the furnaces;
        any technical device used for the propulsion of a vehicle, vessel or aircraft;
        - gas turbines and gas engines used on offshore platforms;
        - facilities that use as fuel any solid or liquid waste other than the waste referred to in paragraph b of the definition "mass" referred to in section 1 of this Order.
        IV. ― When the combustion plant has a total rated thermal power greater than or equal to 50 MW, the rated thermal power of each unit that composes it less than 15 MW is cut off from the calculation of the total rated thermal power of the facility. When the total nominal thermal output becomes less than 50 MW, the total nominal thermal power of the installation is considered less than 50 MW.
        All of the provisions of this order defined according to the total rated thermal power thus calculated shall apply to the entire installation, including to devices with a rated thermal power less than 15 MW.
        When the combustion plant has a total rated thermal power of less than 50 MW, the provisions of this Order do not apply to devices with a rated unitary thermal power of less than or equal to 0.4 MW included in the combustion facility. However, the power of each of these devices is taken into account in calculating the total rated thermal power of the facility.
        V. - In the case of a facility classified in 2910-B, the operator determines the characteristics of the fuels used in the facility and specifies for each:
        - their nature;
        - their origin;
        ― their physico-chemical characteristics;
        - the characteristics of the atmospheric effluent measured during combustion of the fuel;
        the identity of the supplier;
        – the mode of transport used for delivery on the site.
        The fuels used are consistently high in time and meet the above criteria at any time.
        To this end, the operator is implementing a qualitative and quantitative monitoring program for used fuels.
        Based on the elements provided by the operator, including the results of measurements, the prefectural authorization order specifies the nature of the authorized fuel, the maximum compound content allowed in the fuel and the monitoring program.

        Article 4 Learn more about this article...


        I. ― When a combustion plant is extended, the emission limit values set out in I of sections 10, 11 and 12 of this Order apply to the enlarged part and are determined according to the total nominal thermal power of the entire combustion facility, where the original total rated thermal power is equal to or greater than 50 MW or when the extension led to the filing of a new application for approval.
        II. - When the modification of a combustion plant has led to the filing of a new application for authorization pursuant to section R. 512-33 of the environmental code, covering a part of the facility with a rated thermal power of 50 MW, the emission limits set out in I of sections 10, 11 and 12 of this Order apply to the part of the thermal ratio that has been modified by
        III. - Any facility that has been derogated pursuant to Article 3 II of the above-mentioned Order of 30 July 2003 may continue to be operated after the date of 31 December 2015 or after having reached the twenty thousand hours of operation, provided that the operator has obtained a new authorization from the prefect that requires the filing of a new application under Article R. 512-33 of the Environmental Code. The installation is then considered a new facility and is subject to the provisions of this Order according to the date of the latter authorization.

        Article 5 Learn more about this article...


        I. ― This Order sets out the minimum requirements for the facilities concerned, with a view to preventing and limiting pollution, waste, nuisance and risks associated with their operation to the lowest possible level.
        II. - The prefectural authorization order may set out any provisions more binding than those of this order in order to protect the interests mentioned in article L. 511-1 of the environmental code, including based on the performance of the best available techniques, the performance of the installation and the constraints related to the local environment, in particular defined in the atmospheric protection plans.
        In any event, the limit values set out in the Prefectural Order do not exceed the values set out in this Order and are determined without prejudice to Article L. 515-28 of the Environmental Code if applicable.

    • Chapter II: Annual review and sampling Article 6 Learn more about this article...


      The installation is subject to the provisions of the aforementioned decision of January 31, 2008.
      The operator shall also transmit to the inspection of classified facilities, by 30 April of the following year, an annual assessment of the monitoring and operations imposed by the provisions of Section 1 of Chapter 6 of Title II and sections 32, 38, 48, 49, 51, 58 and 65 of this Order.

      Article 7 Learn more about this article...


      The prefect may, at any time, carry out samples of liquid or gaseous effluents, waste or soil, fuel sampling and testing and perform sound level measurements to verify compliance with the requirements of this Order. The costs of sampling and analysis are borne by the operator.

  • PART II: PREVENTION OF AIR POLLUTION
    • Chapter I: Conditions of Application Article 8 Learn more about this article...


      I. (a) The emission limit values set out in Chapter II of this title, with the exception of SO2 limit values, do not apply to the aircraft referred to in a of the definition of emergency equipment and operating less than five hundred hours per year.
      For all emergency aircraft, when operating less than five hundred hours per year, a survey of operating hours is established by the operator.
      (b) The emission limit values set out in section 10 of this Order do not apply to waste boilers within pulp production facilities.
      II. - The emission limits set out in Chapter II of this heading apply to the emissions of each common chimney based on the total rated thermal power of the entire combustion facility calculated in accordance with Article 3 IV, without prejudice to the provisions of Articles 19 and 20.
      III. - For each pollutant considered in Chapter II of this title, and even when the limit values do not apply in accordance with the preceding paragraphs, the prefectural order sets a daily, monthly or annual mass flow. This maximum flow takes into account the operating time of the installation. Channeled emissions and diffuse emissions are considered for flow determination.

      Article 9 Learn more about this article...


      The volume of gaseous effluent is expressed in normal cubic metres (Nm3), reported to standard temperature conditions (273.15 K) and pressure (101.325 kPa) after deduction of water vapour (dry gas).
      Pollutant concentrations are expressed in milligrams per cubic metre (mg/Nm3) on dry gas.
      Gas effluent and pollutant concentrations are reported to an oxygen content in effluent volume of 6% for solid fuels, 3% for liquid and gaseous fuels used in combustion plants other than turbines and engines, and 15% for turbines and engines.

    • Chapter II: Limit values Article 10 Learn more about this article...


      I. (a) Combustion facilities, with the exception of turbines and engines, authorized as of November 1, 2010, meet the following emission limit values:


      COMBUSTIBLE
      PUISSANCE, P (MW)
      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE (mg/Nm3)
      CO (mg/Nm3)

      Biomass

      P < 50

      200

      400

      30

      200


      50 ≤ P < 100

      200

      250

      20

      200


      100 ≤ P < 300

      200

      200

      20

      150


      300 ≤ P

      150

      150

      20

      150

      Other solid fuels

      P < 50

      850

      450 (4)

      30

      200 (6)


      50 ≤ P < 100

      400

      300

      20

      100 (7)


      100 ≤ P < 300

      200

      200

      20

      100 (7)


      300 ≤ P

      150 (1)

      150

      10

      100 (7)

      Domestic fuel

      P < 50

      170

      150

      30

      100


      50 ≤ P < 100

      170

      150

      20

      50


      100 ≤ P < 300

      170

      150

      20

      50


      300 ≤ P

      150

      100

      10

      50

      Other liquid fuels

      P < 50

      850

      450 (4)

      30

      100


      50 ≤ P < 100

      350

      300

      20

      50


      100 ≤ P < 300

      200

      150

      20

      50


      300 ≤ P

      150

      100

      10

      50

      Natural gas

      P < 50

      35

      100

      5

      100


      50 ≤ P < 100






      100 ≤ P < 300






      300 ≤ P





      LPG

      P < 50

      5

      150

      5

      100


      50 ≤ P < 100


      100




      100 ≤ P < 300


      100




      300 ≤ P


      100



      High-end gas

      P < 50

      200

      200

      10

      250


      50 ≤ P < 100


      100


      100


      100 ≤ P < 300


      100


      100


      300 ≤ P


      100


      100

      Coking gas

      P < 50

      400

      200

      10

      250


      50 ≤ P < 100


      100


      100


      100 ≤ P < 300


      100


      100


      300 ≤ P


      100


      100

      Other gaseous fuels

      P < 50

      35 (2)(3)

      200

      10

      250


      50 ≤ P < 100

      35

      100

      5 (5)

      100


      100 ≤ P < 300

      35

      100

      5 (5)

      100


      300 ≤ P

      35

      100

      5 (5)

      100


      (b) Depending on the references in the table to item I (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in item I (a).



      RENVOI
      CONDITIONS
      VALUE
      (mg/Nm3)

      (1)

      In case of fluidized bed burning circulating or under pressure.

      SO2: 200

      (2)

      Biogaz.

      SO2: 100

      (3)

      Depending on the gaseous fuel used, this value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, the performance of the best available techniques and local environmental constraints in order to guarantee the protection of the interests referred to in Article L. 511-1 of the Environmental Code.


      (4)

      Smoke tube boiler.

      NOx: 550

      (5)

      Gases produced by steel mills, which can be used elsewhere.

      Pulses: 30

      (6)

      Sprayed charcoal.

      CO: 100

      (7)

      Sprayed charcoal.

      CO: 50


      II. ∙ (a) Combustion facilities, with the exception of turbines and engines, which do not fall within I of this section, meet the following emission limit values:

      COMBUSTIBLE
      PUISSANCE, P (MW)
      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE (mg/Nm3)
      CO (mg/Nm3)

      Biomass

      P < 50

      200 (1)

      400 (5)

      50

      200


      50 ≤ P < 100

      200 (1)

      300 (5)

      30

      200


      100 ≤ P < 300

      200 (1)

      250 (5)

      20

      150


      300 ≤ P

      200 (1)

      200 (5)(18)

      20

      150

      Other solid fuels

      P < 50

      1 100

      450 (19)

      50

      200 (20)


      50 ≤ P < 100

      400 (1)

      300 (5)

      30

      200 (20)


      100 ≤ P < 300

      200 (1)(11)

      200 (5)

      25

      150 (20)


      300 ≤ P

      200 (1)

      200 (5)(18)

      20

      150 (20)

      Domestic fuel

      P < 50

      170

      150 (6)

      50

      100


      50 ≤ P < 100



      30



      100 ≤ P < 300



      25



      300 ≤ P



      20


      Other liquid fuels

      P < 50

      1 700

      550 (19)

      50 (22)

      100


      50 ≤ P < 100

      350 (2)

      400 (12)(21)

      30 (10)



      100 ≤ P < 300

      250 (2)

      200 (5)(7)

      25 (10)



      300 ≤ P

      200 (3)

      150 (5)(7)(8)

      20 (10)


      Natural gas

      P < 50

      35

      120

      5

      100


      50 ≤ P < 100


      100




      100 ≤ P < 300






      300 ≤ P





      LPG

      P < 50

      5

      150 (9)

      5

      100


      50 ≤ P < 100


      150




      100 ≤ P < 300


      150




      300 ≤ P


      150



      High-end gas

      P < 50

      200 (12)

      200 (9)(13)

      10

      250


      50 ≤ P < 100

      200

      200 (9)




      100 ≤ P < 300

      200

      200 (9)




      300 ≤ P

      200

      200 (9)



      Coking gas

      P < 50

      400 (12)

      200 (9)(13)

      10

      250


      50 ≤ P < 100

      400

      200 (9)




      100 ≤ P < 300

      400

      200 (9)




      300 ≤ P

      400

      200 (9)



      Other gaseous fuels

      P < 50

      35 (4)(16)(17)

      200 (9)(11)(13)(14)

      10

      250


      50 ≤ P < 100

      35 (4)

      200 (9)

      5 (15)



      100 ≤ P < 300

      35 (4)

      200 (9)

      5 (15)



      300 ≤ P

      35 (4)

      200 (9)

      5 (15)



      (b) Based on the references in table II (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in point II (a).



      RENVOI
      CONDITIONS
      VALUE
      (mg/Nm3)

      (1) to (10)

      Installation that was granted prior to November 27, 2002, or which was the subject of an application for authorization prior to that date, provided that the facility was commissioned by November 27, 2003:


      (1)

      ― and not operating more than 1,500 hours per year on a mobile average over a 5-year period.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility;

      SO2: 800

      (2)

      ― and not operating more than 1,500 hours per year on a mobile average over a 5-year period.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility;

      SO2: 850

      (3)

      ― and not operating more than 1,500 hours per year on a mobile average over a 5-year period.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility;

      SO2: 400

      (4)

      ― and which uses low calorific power gases from the gasification of refinery residues;

      SO2: 800

      (5)

      - and whose total nominal thermal power does not exceed 500 MW;
      ― and not operating more than 1,500 hours per year on a mobile average over a 5-year period.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility;

      NOx: 450

      (6)

      ― and not operating more than 1,500 hours per year on a mobile average over a 5-year period.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility;

      NOx: 300

      (7)

      - and whose total nominal thermal power does not exceed 500 MW;
      - and located within a chemical facility that uses liquid production residues as non-commercial fuel for its own consumption or installation that uses distillation residues or conversion of crude oil refinement for its own consumption;

      NOx: 450

      (8)

      ― and whose total nominal thermal power is greater than or equal to 500 MW;
      ― and not operating more than 1,500 hours per year on a mobile average over a 5-year period.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility;

      NOx: 400

      (9)

      - and whose total nominal thermal power does not exceed 500 MW;

      NOx: 300

      (10)

      ― and which uses distillation or conversion residues of crude oil refinement for its own consumption.

      Pulses: 50

      (11)

      Installation whose initial authorization was granted before July 31, 2002, or which was the subject of a request for authorization before that date, provided that the facility was put into service by November 27, 2003:
      ― and which has not been subject to an amendment or extension leading to the filing of a new application for authorization pursuant to section R. 512-33 of the Environmental Code after July 31, 2002.

      SO2: 250
      NOx: 225

      (12)

      Installation whose initial authorization was granted before July 31, 2002, or which was the subject of a request for authorization before that date, provided that the facility was put into service by November 27, 2003:
      ― and which has not been subject to an amendment or extension leading to the filing of a new application for authorization pursuant to section R. 512-33 of the Environmental Code after July 31, 2002.

      SO2: 800
      NOx: 450

      (13)

      Installation whose initial authorization was granted before July 31, 2002, or which was the subject of a request for authorization before that date, provided that the facility was put into service by November 27, 2003:
      ― and which has not been subject to an amendment or extension leading to the filing of a new application for authorization pursuant to section R. 512-33 of the Environmental Code after July 31, 2002;
      ― and located in an overseas department.

      NOx: 350

      (14)

      Installation whose initial authorization was granted before July 31, 2002, or which was the subject of a request for authorization before that date, provided that the facility was put into service by November 27, 2003:
      ― and which has not been subject to an amendment or extension leading to the filing of a new application for authorization pursuant to section R. 512-33 of the Environmental Code after July 31, 2002;
      ― and which uses low calorific power gases from the gasification of refinery residues.

      NOx: 300

      (15)

      Gases produced by steel mills, which can be used elsewhere.

      Pulses: 30

      (16)

      Biogaz.

      SO2: 100

      (17)

      Depending on the gaseous fuel used, this value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, the performance of the best available techniques and local environmental constraints in order to guarantee the protection of the interests referred to in Article L. 511-1 of the Environmental Code.


      (18)

      Installation that does not operate more than 1,500 hours per year on a mobile average over a 5-year period:
      ― and whose total nominal thermal power is greater than or equal to 500 MW;
      - and whose initial authorization was granted before July 1, 1987.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility.

      NOx: 450

      (19)

      Water tube boiler.

      NOx: 450

      (20)

      Sprayed charcoal.

      CO: 100

      (21)

      Industrial ovens authorized before 1 November 2010.

      NOx: 450

      (22)

      For industrial furnaces authorized prior to November 1, 2010, this value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, the performance of the best available techniques and constraints related to the local environment in order to guarantee the protection of the interests referred to in Article L. 511-1 of the Environmental Code.



      III. - The combustion plants of a power greater than or equal to 20 MWth fuelled by gas from the production of carbon black comply with the following emission limit values when not operated as an autonomous combustion plant:


      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE
      (mg/Nm3)
      CO (mg/Nm3)

      15 kg per ton of carbon black produced

      600

      20

      100

      Article 11 Learn more about this article...


      I. (a) The turbines authorized from the coming into force of this Order shall respect the following emission limit values:


      COMBUSTIBLE
      PUISSANCE, P (MW)
      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE (mg/Nm3)
      CO (mg/Nm3)

      Domestic fuel

      P < 50

      60

      90 (5)

      15

      85


      50 ≤ P < 100


      50 (6)




      100 ≤ P < 300


      50 (6)




      300 ≤ P


      50 (6)



      Other liquid fuels

      P < 50

      300

      90

      15

      85


      50 ≤ P < 100


      50




      100 ≤ P < 300


      50




      300 ≤ P


      50



      Natural gas

      P < 50

      10

      50 (7)

      10

      85


      50 ≤ P < 100


      50




      100 ≤ P < 300


      50




      300 ≤ P


      50



      Other gaseous fuels

      P < 50

      10 (1)(2)(3)(4)

      50 (8)

      10 (9)

      85 (9)


      50 ≤ P < 100


      50




      100 ≤ P < 300


      50




      300 ≤ P


      50




      (b) Depending on the references in the table to item I (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in item I (a).

      RENVOI
      CONDITIONS
      VALUE
      (mg/Nm3)

      (1)

      Turbine using coking gas.

      SO2 : 130

      (2)

      Turbine using LPG.

      SO2 : 2

      (3)

      Turbine using high-end gas.

      SO2: 65

      (4)

      When the gaseous fuel used is a fuel other than the coking gas, LPG or high-end gas, this value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, performance of the best available techniques and constraints related to the local environment in order to ensure the protection of the interests referred to in Article L. 511-1 of the Environmental Code.


      (5)

      Turbine operating less than 500 hours per year.

      NOx: 120

      (6)

      Turbine referred to in b of the definition for emergency situations and operating less than 500 hours per year.

      NOx: 120

      (7)

      Turbine operating less than 500 hours per year.

      NOx: 100

      (8)

      Turbine operating less than 500 hours per year.

      NOx:150

      (9)

      Depending on the gaseous fuel used, this value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, the performance of the best available techniques and local environmental constraints in order to guarantee the protection of the interests referred to in Article L. 511-1 of the Environmental Code.



      II. ∙ (a) Turbines that do not fall within I of this section shall adhere to the following emission limit values:

      COMBUSTIBLE
      PUISSANCE, P (MW)
      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE (mg/Nm3)
      CO (mg/Nm3)

      Domestic fuel

      P < 50

      60

      120 (5)(6)

      15

      85


      50 ≤ P < 100


      90 (5)(7)




      100 ≤ P < 300


      90 (5)(7)




      300 ≤ P


      90 (5)(7)



      Other liquid fuels

      P < 50

      300

      200

      15

      85


      50 ≤ P < 100


      90 (5)




      100 ≤ P < 300


      90 (5)




      300 ≤ P


      90 (5)



      Natural gas

      P < 50

      10

      80 (8)

      10

      85


      50 ≤ P < 100


      50 (9)(10)(11)




      100 ≤ P < 300


      50 (9)(10)(11)




      300 ≤ P


      50 (9)(10)(11)



      Other gaseous fuels

      P < 50

      10 (1)(2)(3)(4)

      120 (6)

      10 (14)

      85 (14)


      50 ≤ P < 100


      120 (12)(13)




      100 ≤ P < 300


      120 (12)(13)




      300 ≤ P


      120 (12)(13)




      (b) Based on the references in table II (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in point II (a).

      RENVOI
      CONDITIONS
      VALUE
      (mg/Nm3)

      (1)

      Turbine authorized as of November 27, 2003 and using coking gas.

      SO2 : 130

      (2)

      Turbine authorized as of November 27, 2003 and using LPG.

      SO2 : 2

      (3)

      Turbine authorized as of November 27, 2003 and using high-end gas.

      SO2: 65

      (4)

      When the gaseous fuel used is a fuel other than the coking gas, the LPG or the high-end gas or the turbine does not meet the conditions of (6), (7) or (8), this value may be adapted by the prefect on the basis of technical-economic elements provided by the operator, performance of the best available techniques and constraints related to the local environment in order to guarantee the protection of the interests mentioned.


      (5)

      Installation that does not operate more than 1,500 hours per year on a mobile average over a 5-year period:
      ― and whose initial authorization was granted before November 27, 2002, or which was the subject of a full application for authorization before that date, provided that the facility was put into service by November 27, 2003.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility.

      NOx: 200

      (6)

      Turbine operating less than 500 hours per year.

      NOx: 300

      (7)

      Turbine referred to in b of the definition for emergency situations and operating less than 500 hours per year.

      NOx: 300

      (8)

      Turbine operating less than 500 hours per year.

      NOx: 200

      (9)

      Turbine referred to in b of the definition for emergency situations and operating less than 500 hours per year.
      When the turbine was authorized before December 4, 2000, and its prefectural clearance order provided, on the basis of a technical-economic analysis, that compliance with the value of 125 mg/Nm3 is impossible, the limit value fixed in the prefectural stop can be maintained. This value cannot exceed 187 mg/Nm3.

      NOx: 125

      (10)

      In the following cases, where the gas turbine performance is determined under the basic ISO load conditions:
      - gas turbines used in a combined heat and electricity production system with a general output greater than 75%;
      - gas turbines used in combined cycle installations with an average annual general electric output greater than 55%;
      – gas turbines for mechanical transmissions.
      For single-cycle gas turbines that do not fall within any of the categories mentioned above, but whose output – determined under the ISO base load conditions – is greater than 35%, the NOx emission limit value is 50r/35, being the gas turbine output, under the ISO base load conditions, expressed as a percentage.

      NOx: 75

      (11)

      Installation that does not operate more than 1,500 hours per year on a mobile average over a 5-year period:
      ― and whose initial authorization was granted before November 27, 2002, or which was the subject of a full application for authorization before that date, provided that the facility was put into service by November 27, 2003.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility.

      NOx: 150

      (12)

      Installation that does not operate more than 1,500 hours per year on a mobile average over a 5-year period:
      ― and whose initial authorization was granted before November 27, 2002, or which was the subject of a full application for authorization before that date, provided that the facility was put into service by November 27, 2003.
      A part of combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and that does not operate more than 1,500 hours per year on a mobile average calculated over a 5-year period can be subject to this limit value which remains determined according to the total rated thermal power of the entire combustion facility.

      NOx: 200

      (13)

      Turbine referred to in b of the definition for emergency situations and operating less than 500 hours per year and authorized as of November 27, 2003.

      NOx: 300

      (14)

      Depending on the gaseous fuel used, this value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, the performance of the best available techniques and local environmental constraints in order to guarantee the protection of the interests referred to in Article L. 511-1 of the Environmental Code.



      III. ― Limit values defined in this section apply to turbines operating at a load greater than 70%. However, if the normal operation of a turbine includes one or more stabilized speeds less than 70% of its power or a variable speed, the limit values defined in this section apply to these different operating regimes.

      Article 12 Learn more about this article...


      I. (a) The engines whose initial authorization has been granted after the coming into force of this Order, except those that have been subject to a full application for authorization before that date, provided that the installation was commissioned by 7 January 2014, meet the following emission limit values:


      COMBUSTIBLE
      PUISSANCE, P (MW)
      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE (mg/Nm3)
      CO (mg/Nm3)

      Domestic fuel

      P < 50

      60

      225 (2)

      30

      250


      50 ≤ P < 100


      225




      100 ≤ P < 300


      225




      300 ≤ P


      225



      Other liquid fuels

      P < 50

      300 (1)

      225 (2)

      40

      250


      50 ≤ P < 100


      225




      100 ≤ P < 300


      225




      300 ≤ P


      225



      Natural gas

      P < 50

      10

      100 (3)

      10

      100


      50 ≤ P < 100


      75




      100 ≤ P < 300


      75




      300 ≤ P


      75



      Other gaseous fuels

      P < 50

      10

      100

      10

      250


      50 ≤ P < 100


      75


      100


      100 ≤ P < 300


      75


      100


      300 ≤ P


      75


      100


      (b) Depending on the references in the table to item I (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in item I (a).

      RENVOI
      CONDITIONS
      VALUE
      (mg/Nm3)

      (1)

      Installation located in ZNI.

      SO2: 565

      (2)

      Engine operating less than 500 hours per year.

      NOx: 750

      (3)

      Engine operating less than 500 hours per year.

      NOx: 130

      (4)

      Engine using a pilot injection ignition system (dual engine in gas mode).

      NOx: 130


      II. ∙ (a) Engines that do not fall within I of this section shall respect the following emission limit values:

      COMBUSTIBLE
      PUISSANCE, P (MW)
      SO2 (mg/Nm3)
      NOx (mg/Nm3)
      SUBSTANCE (mg/Nm3)
      CO (mg/Nm3)

      Domestic fuel

      P < 50

      60

      225 (2)

      30

      250


      50 ≤ P < 100


      225




      100 ≤ P < 300


      225




      300 ≤ P


      225



      Other liquid fuels

      P < 50

      300 (1)

      225 (2)

      40

      250


      50 ≤ P < 100


      225




      100 ≤ P < 300


      225




      300 ≤ P


      225



      Natural gas

      P < 50

      10

      130 (3)

      10

      100


      50 ≤ P < 100


      100




      100 ≤ P < 300


      100




      300 ≤ P


      100



      Other gaseous fuels

      P < 50

      10

      130

      10

      250


      50 ≤ P < 100


      100


      100


      100 ≤ P < 300


      100


      100


      300 ≤ P


      100


      100


      (b) Based on the references in table II (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in point II (a).

      RENVOI
      CONDITIONS
      VALUE
      (mg/Nm3)

      (1)

      Installation located in ZNI.

      SO2: 565

      (2)

      Engine operating less than 500 hours per year.

      NOx: 750

      (3)

      Engine operating less than 500 hours per year.

      NOx: 190

      (4)

      Engine using a pilot injection ignition system (dual engine in gas mode).

      NOx: 190

      Article 13 Learn more about this article...


      I. ― In case of ammonia nitrogen oxide treatment device or proponents:
      - for boilers authorized on or after November 1, 2010 and for other facilities authorized on or after this Order comes into force, the ammonia emission limit value is 5 mg/Nm3. This value can be adapted by the prefect on the basis of technical-economic elements provided by the operator, performance of best available techniques and local environmental constraints to ensure the protection of the interests referred to in Article L. 511-1 of the Environmental Code, but not exceeding 20 mg/Nm3;
      – for other facilities, the ammonia emission limit is 20 mg/Nm3.
      II. ― For boilers authorized as of November 1, 2010, the limit value for PAHs is 0.01 mg/Nm3.
      For other facilities, the limit value for PAHs is 0.1 mg/Nm3.
      III. – For boilers authorized as of November 1, 2010, the limit value for NMVOCs is 50 mg/Nm3 in total carbon.
      For other boilers, the limit value for NMVOCs is 110 mg/Nm3 in total carbon.
      For engines, the formaldehyde limit value is 15 mg/Nm3.
      IV. ∙ (a) For boilers authorized as of November 1, 2010 using solid fuel, the emission limit values in HCl and HF are as follows:
      HCl: 10 mg/Nm3;
      HF: 5 mg/Nm3.
      These values may be adapted by the prefect on the basis of technical-economic elements provided by the operator showing the impossibility of achieving these values because of the fuel or combustion technology used, the performance of the best available techniques and the constraints related to the local environment in order to guarantee the protection of the interests referred to in Article L. 511-1 of the Environmental Code. The values determined by the prefect do not exceed 30 mg/Nm3 in HCl and 25 mg/Nm3 in HF.
      (b) For installations using solid fuel, the limit value for dioxins and furans is 0.1 ng I-TEQ/Nm3.
      V. (a) The emission limit values for metals are as follows:


      COMPOSTED
      VALUE
      (average over the thirty-minute sampling period
      at least eight hours maximum)

      Cadmium (Cd), mercury (Hg), thallium (Tl) and their compounds

      0.05 mg/Nm3 by metal and 0.1 mg/Nm3 for the sum expressed in (Cd + Hg + Tl)

      Arsenic (As), selenium (Se), tellure (Te) and their compounds

      1 mg/Nm3 expressed in (As + Se + Te)

      Plomb (Pb) and its compounds

      1 mg/Nm3 expressed in Pb

      Antimoine (Sb), chrome (Cr), cobalt (Co), copper (Cu), tin (Sn), manganese (Mn), nickel (Ni), vanadium (V), zinc (Zn) and their compounds

      P < 50 MW: 20 mg/Nm3


      50 MW ≤ P < 100 MW : 10 mg/Nm3 (1)


      100 MW ≤ P : 10 mg/Nm3 (2)


      (b) Depending on the references in the table to point V (a) and where the facilities meet the conditions set out in the table to this paragraph, the following emission limit values replace the emission limit values set out in point V (a).

      RENVOI
      CONDITIONS
      LIMITE VALUE
      (mg/Nm3)

      (1)

      Boilers authorized as of November 1, 2010.

      5

      (2)

      Boilers authorized after July 31, 2002, with the exception of those requested for authorization before July 31, 2001, provided that the facility was commissioned by November 27, 2003.

      5

    • Chapter III: Specific operating conditions Article 14 Learn more about this article...


      The prefectural authorization order determines the start and stop periods according to the criteria established by the enforcement decision of the Commission no. 2012/249/EU referred to above.

      Article 15 Learn more about this article...


      The operator may, for a period limited to six months, request the prefect to derogate from the emission limit values for SO2 set out in Chapter II of this title if, in normal operation, the prefect uses low sulphur fuel to meet these emission limit values and if a sudden and unexpected interruption of its supply related to a severe shortage occurs.
      The operator may, for a period limited to ten days, not comply with the emission limits in SO2, NOx and dust set out in Chapter II of this title in the event that the combustion plant that uses only gaseous fuel is exceptionally required to use other fuels due to a sudden interruption in the supply of gas and should therefore be equipped with a waste gas purification device. He immediately informs the Prefect.
      This ten-day period can be extended after the prefect's agreement if there is a compelling need to maintain energy supply.

      Article 16 Learn more about this article...


      When an emission reduction device is required to meet the emission limit values set out in Chapter II of this title, the operator shall prepare an operating procedure for the conduct to be carried out in the event of a failure or malfunction of this device. This procedure is made available for inspection of classified facilities.
      This procedure includes the need to:
      - to stop or reduce the operation of the facility associated with this device or to use low-emission fuels if the operation of the device is not re-established within 24 hours, taking into account the environmental consequences of these operations, including a stop-start;
      - to inform inspection of facilities classified within a period not exceeding 48 hours after the failure or malfunction of the emission reduction device.
      The cumulative operating time of a facility with a malfunction or failure of one of these emission reduction devices may not exceed one hundred and twenty hours over twelve slippery months.
      The operator may, however, submit to the prefect a request to exceed the above-mentioned durations of twenty-four hours and one hundred and twenty hours, in the following cases:
      – there is a compelling need to maintain energy supply;
      ― the combustion plant affected by failure or malfunction may be replaced, for a limited period, by another facility that may cause a general increase in emissions.

    • Chapter IV: Derogatory provisions applicable to certain facilities Article 17 Learn more about this article...


      I. ― The emission limit values referred to in sections 10, 11 and 12 of this Order do not apply to the combustion facility for which the operator undertakes, in a written statement addressed to the Prefect, no later than January 1, 2014, not to use it for more than 17 thousand five hundred hours of operation between January 1, 2016 and December 31, 2023 at the latest. The combustion plant shall then be subject to the provisions set out in II and III of this Article.
      This exemption is not applicable to combustion plants that have obtained an exemption under Part II of the above-mentioned Order of 30 July 2003.
      II. ― During the period from January 1, 2016 to December 31, 2023, the emission limit values for SO2, NOx and dust in the prefectural order of the facility applicable to December 31, 2015, in particular in accordance with the requirements of the decrees of July 23, 2010, October 31, 2007, July 30, 2003, June 20, 2002 and August 11, 1999, referred to above and Directives 2001/80/EC and 2008/1 maintained/EC, are at least Any combustion plant with a total rated thermal power greater than or equal to 500 MW using solid fuels, which obtained for the first time an authorization after July 1, 1987, complies with the emission limit values for nitrogen oxides set out in II of sections 10, 11 and 12 of this Order.
      A prefectural order taken in the forms provided for in Article R. 512-31 of the Environmental Code sets the date of closure of the facility, the number of operating hours not to exceed as well as the applicable limit values.
      The operator shall transmit to the inspection of the facilities classified each year from 1 January 2016 a survey of the number of hours of operation of the facility.
      III. ― The installation is stopped as long as it has reached 17,500 operating hours and, in any event, no later than December 31, 2023. Beyond seventeen thousand five hundred hours of operation or after December 31, 2023, the operation of the facility is possible subject to a new authorization from the prefect that requires the filing of a new application under section R. 512-33 of the Environmental Code. The installation is then considered a new facility and is subject to the provisions of this Order according to the date of the latter authorization.

      Article 18 Learn more about this article...


      I. ― The provisions of this section apply to existing facilities as of 6 January 2011 and located in NZ.
      II. ― The emission limit values referred to in Chapter II of this Title apply to the facilities referred to in I of this section effective January 1, 2020. Until December 31, 2019, the emission limit values set out in the prefectoral orders of these combustion plants as at December 31, 2015, in particular in accordance with the requirements of the decrees of July 23, 2010, October 31, 2007, July 30, 2003, June 20, 2002 and August 11, 1999 and directives 2001/80/EC and 2008/1/EC, are at least maintained.
      The combustion plants of a total rated thermal power greater than or equal to 500 MW using solid fuels, authorized as of July 1, 1987, comply with the emission limits for nitrogen oxides set out in I of sections 10, 11 and 12 of this Order.
      III. ― In the case of a combustion plant applying the provisions of Article 17 of this Order and referred to in I of this Article which, as of January 6, 2011, represents at least 35% of the electricity supply of the NIS concerned and which is not in a position, due to its technical characteristics, to comply with the emission limit values referred to in Chapter II of this Title, the number of operating hours referred to in Article 17 2020

      Article 19 Learn more about this article...


      In the case of a mixed-family combustion facility involving the simultaneous use of two or more fuels, the limit value of the facility is determined in accordance with section 40.1 of the above-mentioned Directive 2010/75/EU.

      Rule 20 Learn more about this article...


      In the case of a mixed-family combustion facility, authorized before July 31, 2002, or requested authorization before that date, provided that the facility was put into service no later than November 27, 2003, and that uses the distillation and conversion residues of crude oil refinement, alone or with other fuels, for its own consumption, the limit value of the installation is determined in accordance with the EU's determination.
      Prefectural orders may, at the request of the operator, provide for SO2, instead of the foregoing provisions, a single average emission limit for all facilities referred to in the previous paragraph with the exception of gas turbines and gas engines, provided that this does not permit an increase in pollutant emissions from other refinery facilities. This limit value does not exceed 1000 mg/Nm3.

      Article 21 Learn more about this article...


      I. ― Test workshops for combustion engines and turbines, as well as facilities for the research, testing or development of such equipment, subject to authorization under heading No. 2931, are subject to the only provisions of this section.
      II. ― The conduct and equipment of the facilities allows to limit the release of pollutants during the testing or development of the engines or turbines. The prefectoral order provides a limit value in SO2 as soon as the fuel used has a sulphur content that can exceed 0.2% by mass, for nitrogen oxides, for carbon monoxide and for volatile organic compounds.
      III. ― The pre-fectoral order reinforces the minimum provisions set out in the preceding paragraphs concerning the limitation of pollutant emissions and the monitoring of releases and air quality in the vicinity of the facilities, in particular on the basis of the operating conditions of the aircraft and the importance of the discharged pollutant streams, and on the basis of the provisions set out in the other sections of this Order.

    • Chapter V: Conditions of Atmosphere Release Article 22 Learn more about this article...


      I. ― Release points are as small as possible. Releases allow good diffusion of effluent in the receiving environment.
      The release of residual gases from combustion plants is carried out in a controlled manner, via a chimney, containing one or more pipes, after possible treatment.
      The shape of ducts, particularly in their closest part of the outlet to the atmosphere, is designed to maximize the rise of gas in the atmosphere. The terminal part of the chimney may contain a converging made according to the rules of art when the ejection speed is higher than the chosen speed for the gases in the chimney. The location of these ducts is such that there can be at no time siphoning effluent discharged in the pipelines or air catches nearby. The contours of the ducts are not angular and the variation of the section of the ducts in the vicinity of the outlet is continuous and slow.
      II. ― The operator shall develop air effluent pipes (measuring platform, orifices, operating fluids, aircraft location, right length for dust measurement...) to allow representative measurements of pollutant emissions in the atmosphere. In particular, the provisions of the standards mentioned in the above-mentioned decision of 7 July 2009 are complied with.
      The oxygen content measurement of the combustion gases is carried out as much as possible in the same place as the measurement of the pollutant content. If not, the operator shall take all necessary steps to avoid the arrival of parasite air between the point where the oxygen measurement is performed and the point where the pollutants are carried out.
      The measuring points and sample sampling points shall be equipped with the equipment necessary to carry out the measurements set out in section 1 of Chapter VI of this heading under its representative conditions.
      III. ― The maximum continuous flow rate is at least 8 m/s if the emission rate of the treated chimney exceeds 5,000 m3/h, 5 m/s if the flow rate is less than or equal to 5,000 m3/h.

      Article 23 Learn more about this article...


      I. ― The provisions of this section apply only to chimney constructions carried out after the entry into force of this Order. For existing chimneys before this Order comes into force, the provisions defined in the facility's authorization order apply.
      The height of the chimney (difference between the elevation of the open air outlet and the mean altitude of the ground at the place in question) expressed in meters is determined, on the one hand, according to the level of the emissions of pollutants to the atmosphere, on the other hand, depending on the existence of obstacles that may hinder the dispersion of the gases. It is fixed by the authorization order in accordance with this section.
      II. • The height of the chimney, which cannot be less than 10 metres, may be determined by a study of the conditions for the dispersion of the smoke adapted to the site, carried out in accordance with the III of this article.
      III. ― This study is mandatory for releases that exceed one of the following values:
      200 kg/h of SO2;
      200 kg/h of NOx;
      150 kg/h of organic compounds;
      50 kg/h of dust;
      50 kg/h of inorganic chlorine gaseous compounds;
      25 kg/h of fluorine and fluorine compounds;
      1 kg/h of metals as defined in heading II.
      It is also mandatory in the encumbered valleys as well as when there is one or more obstacles of height greater than 28 metres near the facility.
      In the absence of a study of smoke dispersion conditions, the chimney height is set by IV to VII of this article.
      IV. ∙ The amount s = k × q/cm is calculated for each of the main pollutants where:
      k is a coefficient of 340 for gaseous pollutants and 680 for dust;
      q is the maximum instantaneous flow rate of the pollutant emitted to the chimney expressed in kilograms per hour;
      cm is the maximum concentration of the pollutant considered eligible for soil level as a result of the facility expressed in milligrams per normal cubic metre;
      cm is equal to cr-co where cr is a reference value given by the table below and where co is the annual average of the measured concentration at the place considered.


      POLLUTANTS
      Cr

      Sulphur dioxide

      0.15

      Nitrogen oxides

      0.14

      Pulses

      0.15

      Hydrochloric acid

      0.05

      Organic compounds

      1

      Toxic plants (Pb, As, Hg, Cd)

      0.0005


      In the absence of pollution measures, co may be taken on a flat basis as follows:


      SO2
      NOx
      SUBSTANCE

      Low-polluted area

      0.01

      0.01

      0.01

      Medium-planned or moderately industrialized area

      0.04

      0.05

      0.04

      Very urbanized or highly industrialized

      0.07

      0.10

      0.08


      For other pollutants, in the absence of a measure, co may be neglected.
      S is then determined which is equal to the largest of the s values calculated for each of the main pollutants.
      V. ― The height of the chimney, expressed in metres, is at least equal to the hp value calculated as follows:
      hp = S1/2(R.DT)-1/6, where:
      S is defined in IV of this article;
      R is the gas flow expressed in cubic metres per hour and counted at the actual gas ejection temperature;
      DT is the difference expressed in Kelvin between the temperature at the chimney market and the average annual ambient air temperature. If DT is less than 50 Kelvin, we adopt the value of 50 for the calculation.
      VI. ― If a facility is equipped with several chimneys or if there are other releases of the same pollutants to the atmosphere in its vicinity, the calculation of the height of the chimney is as follows:
      Two chimneys i and j, of respective heights hi and hj, calculated in accordance with the V of this article, are considered dependent if the following three conditions are simultaneously met:
      - the distance between the axes of the two chimneys is less than the sum (hi + hj + 10), expressed in meters;
      ― hi is greater than half hj;
      ―hj is greater than half hi.
      This determines all the chimneys dependent on the chimney. The height of this chimney is at least equal to the value of hp, calculated for the sum of the mass flow rate of the pollutant and the sum of the volumic flow rate of the gases emitted by all these chimneys.
      VII. ― If there are natural or artificial barriers in the vicinity to disrupt the dispersion of gases, the height of the chimney is corrected as follows:
      - the hp value defined in the V of this article shall be calculated by taking into account the other releases where, as indicated in the VI of this article;
      ― structures and buildings are considered to be obstacles, including those that house the facility being studied, simultaneously meeting the following conditions:
      ― they are located at a horizontal distance (expressed in meters) less than 10 hp + 50 of the axis of the chimney considered;
      - they have a width greater than 2 metres;
      – they are seen from the chimney considered from an angle greater than 15° in the horizontal plane;
      ―or hi the altitude (expressed in metres and taken relative to the average level of the ground at the place of the chimney) of a point of an obstacle located at a horizontal distance di (expressed in metres) of the axis of the chimney considered, and Hi defined as follows:
      • if di is less than or equal to 2 hp + 10, Hi = hi + 5;
      - if di is between 2 hp + 10 hp + 50, Hi = 5/4 (hi + 5) (1 ― di/[10 hp + 50]);
      - the largest Hp of the Hi values calculated for all points of all the obstacles defined above;
      – the height of the chimney is greater than or equal to the largest Hp and hp values.

    • Chapter VI: Monitoring of Air Releases and Environmental Impact
      • Section 1: Air Release Monitoring Program Article 24 Learn more about this article...


        I. ― The operator shall establish an emission monitoring program for the pollutants referred to in Chapter II of this title rejected by the operator's facility. The monitoring programme includes the provisions of this section.
        For the pollutants concerned, a first step shall be carried out within six months of the commissioning of the facility and then periodically, in accordance with the above provisions. All monitoring results are recorded.
        Depending on the characteristics of the installation or sensitivity of the environment, other pollutants may be targeted or lower thresholds may be defined by the prefectural order. When the installation is modified, and especially during a fuel change, the monitoring provisions set out in the prefectural order are adapted if necessary.
        II. ― Where a part of a combustion plant that rejects its residual gases by one or more separate pipes within a common chimney and operates for a limited number of hours of operation is subject to a specific limit value in accordance with sections 10, 11 and 12, the emissions released by each of these pipes are subject to separate monitoring.
        III. ― Measurements are carried out under the responsibility of the operator and at its own expense.

        Rule 25 Learn more about this article...


        I. ― The SO2 concentration in residual gases is measured continuously.
        II. ― However, continuous measurement is not mandatory in the following cases:
        - for combustion plants whose life is less than ten thousand hours of operation;
        - for combustion plants using exclusively natural gas;
        - for combustion plants using exclusively LPG or hydrogen and a total rated thermal power less than 100 MW;
        - for combustion plants using domestic fuel or heavy fuel oil known to the sulphur content, in the event of the absence of waste gas desulphurisation equipment;
        - for combustion plants using biomass, if the operator can prove that SO2 emissions cannot in any case exceed the prescribed emission limits;
        - for combustion plants with a power of less than 50 MW which are not located in an area covered by a PPA and which are not equipped with a waste gas desulphurisation device;
        - for turbines and engines of less than 50 MW;
        - for any device referred to in a of the definition of emergency equipment, operating less than five hundred hours per year and part of a combustion facility with a total rated thermal power less than 100 MW;
        – for any industrial oven authorized before November 1, 2010 and part of a total rated thermal power combustion plant less than 100 MW.
        III. where the provisions of this section II apply:
        a semi-annual measurement is performed; and
        ― the operator conducts a daily estimate of releases based on knowledge of the sulphur content of the fuels and the operating parameters of the facility. The conditions for the application of this paragraph are specified in the monitoring program, as provided for in section 24 of this Order.
        Instead of the semi-annual measure provided for in this paragraph, other procedures may, after agreement of the prefect, be used to determine SO2 emissions. These procedures involve relevant CEN standards or, in the absence of CEN standards, ISO standards, national standards or other international standards that guarantee the obtaining of equivalent scientific quality data.

        Rule 26 Learn more about this article...


        I. ― The NOx concentration in waste gases is measured continuously.
        II. ― However, continuous measurement is not mandatory in the following cases:
        - for combustion plants whose life is less than ten thousand hours of operation;
        - for any turbine or engine that is part of a combustion plant with a total rated thermal power less than 50 MW. For any turbine or engine that is part of a combustion plant of a total rated thermal power greater than or equal to 50 MW and less than 100 MW, the continuous measurement may be replaced, after agreement of the prefect, by a permanent monitoring of one or more representative parameters of the operation of the facility and directly related to the emissions considered. In this case, a calibration of the parameters is performed at least quarterly;
        - for any boiler authorized before July 31, 2002, or which was the subject of a request for authorization before that date as long as it was commissioned by November 27, 2003, and which is not equipped with a NOx treatment device in smoke and is part of a combustion plant with a total rated thermal power less than 100 MW;
        - for any boiler of a unitary power of less than 10 MW authorized before November 1, 2010, which is part of a combustion plant with a total rated thermal power of less than 100 MW;
        - for any device referred to in a of the definition of aircraft for emergency situations operating less than five hundred hours per year and which is part of a combustion facility with a total rated thermal power less than 100 MW;
        – for any industrial oven authorized before November 1, 2010 and part of a total rated thermal power combustion plant less than 100 MW.
        III. where the provisions of this section II apply:
        - for combustion plants whose life is less than ten thousand hours of operation, a semi-annual measurement is performed;
        - for any boiler of a unitary power of less than 10 MW authorized before November 1, 2010 and which is part of a combustion plant of a total rated thermal power of less than 100 MW, a semi-annual measurement is performed;
        - for any device referred to in a of the definition of aircraft for emergency situations operating less than five hundred hours per year and which is part of a combustion facility with a total rated thermal power less than 100 MW, an annual measurement is performed;
        – for other facilities, a quarterly measure is performed.
        Instead of the periodic measures provided for in this paragraph, other procedures may, after agreement of the prefect, be used to determine NOx emissions. These procedures involve relevant CEN standards or, in the absence of CEN standards, ISO standards, national standards or other international standards that guarantee the obtaining of equivalent scientific quality data.

        Rule 27 Learn more about this article...


        I. ― The dust concentration in waste gases is measured continuously.
        II. ― However, continuous measurement is not mandatory in the following cases:
        - for combustion plants whose life is less than ten thousand hours of operation;
        - for combustion plants using exclusively natural gas;
        - for combustion plants using exclusively LPG or hydrogen and a total rated thermal power less than 100 MW;
        - for any boiler authorized before November 1, 2010 and part of a combustion plant with a total rated thermal power less than 100 MW;
        - for any device referred to in a of the definition of aircraft for emergency situations operating less than five hundred hours per year and part of a combustion facility with a total rated thermal power less than 100 MW;
        – for any industrial oven authorized before November 1, 2010 and part of a total rated thermal power combustion plant less than 100 MW.
        III. where the provisions of this section II apply:
        – for any boiler authorized before November 1, 2010 and part of a combustion plant with a total rated thermal power of less than 100 MW, a permanent dust assessment is carried out, for example, by opacimetry. This assessment may be replaced by an annual measure for boilers authorized prior to July 31, 2002, or that have been requested for authorization prior to that date, provided that they have been put into service by November 27, 2003, and that are part of a combustion facility with a total rated thermal power of less than 50 MW;
        - for any device referred to in a of the definition of aircraft for emergency situations operating less than five hundred hours per year and which is part of a combustion facility with a total rated thermal power less than 100 MW, an annual measurement is performed;
        – for other facilities, a semi-annual measurement is performed.

        Rule 28 Learn more about this article...


        I. ― The CO concentration in waste gases is measured continuously.
        II. ― However, continuous measurement is not mandatory in the following cases:
        - for combustion plants whose life is less than ten thousand hours of operation;
        - for turbines and engines of less than 100 MW or turbines and engines using liquid fuel;
        - for boilers of less than 50 MW and authorized before July 31, 2002, or who have been subject to a request for authorization before that date provided that they have been put into service by November 27, 2003;
        - for any device referred to in a of the definition of aircraft for emergency situations operating less than five hundred hours per year and which is part of a combustion facility with a total rated thermal power less than 100 MW;
        – for any industrial oven authorized before November 1, 2010 and part of a total rated thermal power combustion plant less than 100 MW.
        III. where the provisions of this section II apply:
        - for combustion plants whose life is less than ten thousand hours of operation, a semi-annual measurement is performed;
        - for turbines and engines with a power of less than 100 MW or turbines and engines using liquid fuel: after agreement of the prefect, permanent monitoring of one or more representative parameters of the operation of the facility and directly related to the emissions considered may be carried out. In this case, a calibration of the parameters is performed at least quarterly;
        - for other facilities, an annual measure is made.

        Rule 29 Learn more about this article...


        NMVOC concentrations, formaldehyde, PAHs and metals in waste gases are measured once a year.
        However, for installations of a power greater than or equal to 100 MW authorized after July 31, 2002, with the exception of those that were requested to be authorized by July 31, 2001, provided that they were put into service by November 27, 2003, the frequency is quarterly. The quarterly measure becomes annual if the results obtained after one year of monitoring under similar operating conditions are not dispersed.
        The monitoring frequency requirements for NMVOCs, formaldehyde, PAHs and metals do not apply when the fuel consumed is exclusively natural gas, LPG or hydrogen, unless otherwise provided by the prefectural stop.

        Rule 30 Learn more about this article...


        I. ― For boilers using solid fuel, concentrations in dioxins and furans, HCl and HF in waste gases are measured once a year. This frequency can be adapted by prefectural stop according to the results of measurements.
        II. ― When the installation is equipped with a nitrogen oxide treatment device to ammonia or urea, the NH3 concentration in the residual gases is measured semi-annually.
        III. ― The prefectural order may provide for the completion of measurements of CH4, N2O and PM10 to validate the statements of these emissions by the operator required by the above-mentioned decision of January 31, 2008.

        Rule 31 Learn more about this article...


        The oxygen content, temperature, pressure and water vapour content of the waste gases are continuously measured.
        The continuous measurement is not required:
        - for the water vapour content of the residual gases when the sampled residual gases are dried before emission analysis;
        - for boilers with a power of less than 100 MW authorized before July 31, 2002, or who have been subject to a request for authorization before that date provided that they have been put into service by November 27, 2003, and that do not have a smoke treatment device; In this case, a quarterly measure is nevertheless required;
        - for turbines and engines with a power of less than 100 MW: in this case, after agreement of the prefect, permanent monitoring of one or more representative parameters of the operation of the facility and directly related to the emissions considered may be carried out. In this case, a calibration of the parameters is performed at least quarterly.

      • Section 2: Air Release Monitoring Conditions Rule 32 Learn more about this article...


        I. ― Continuous measurement devices are operated according to NF EN ISO 14956 (December 2002 or later versions) and NF EN 14181 (October 2004 or later versions), and in particular apply quality assurance procedures (QAL 1, QAL 2 and QAL 3) and an annual (AST) check.
        Measuring devices are assessed according to the QAL 1 procedure and selected for their measurement capability in the specified areas and uncertainties. They are calibrated in place according to QAL 2 procedure and the absence of drift is controlled by QAL 3 and AST procedures.
        For devices already installed on site, for which an assessment has not yet been made or for which the measurement of components has not yet been evaluated, uncertainty on measured values can be considered transiently as satisfactory if the QAL 2 and QAL 3 steps lead to satisfactory results.
        II. ― For each continuous measuring device, the operator shall carry out the first QAL 2 procedure by a laboratory approved within six months of the installation being commissioned. The QAL 3 procedure is immediately implemented. The operator also conducts an annual monitoring test (ST) by an approved laboratory.
        The QAL 2 procedure is renewed:
        every five years; and
        in the following cases:
        – as long as the AST shows that QAL 2 calibration is no longer valid; or
        - after a major change in the operation of the facility (e.g., modification of the gaseous effluent treatment system or change of fuel or significant change of process); or
        ― after a major change to the AMS (e.g. change of line type or type of analyzer).
        III. – For facilities operating less than five hundred hours per year, the QAL 2 procedure can be adapted by performing only five parallel measurements between the SRM (reference method) and the AMS (automonitoring system). The measurements obtained by injecting the zero and sensitivity gases on the AMS are taken into account for the determination of the calibration right.
        The completion of the annual monitoring test may also be replaced by a comparison of the continuous measurements from analyzers and from the controls referred to in IV of this section.
        IV. ― The operator shall, at least once a year, carry out the measures set out in section 1 of Chapter VI of this title by an organization approved by the Minister responsible for listed facilities or, if not, accredited by the French Accreditation Committee (COFRAC) or by an organization signatory to the multilateral agreement taken under the European Coordination of Accreditation Organisms (European Cooperation for Accreditation or EA). This regulatory periodic control of emissions can be done at the same time as the annual monitoring test for continuously measuring devices.

        Rule 33 Learn more about this article...


        I. ― Periodic measurements of pollutant emissions are carried out according to the provisions set out in the above-mentioned decision of 11 March 2010.
        The methods of measurement, sampling and reference analysis in force are determined by the above-mentioned decision of 7 July 2009. However, the authorization order may provide other methods where the results obtained are equivalent to those provided by the reference methods. In this case, control and calibration measures are carried out periodically, at a frequency fixed by the prefectural order, by a competent external body.
        II. ― The results of the measures set out in section 1 of Chapter VI and sections 7 and 32 of this Order are forwarded quarterly to the inspection of classified facilities, accompanied by comments on the causes of overtakings identified, as well as corrective actions implemented or envisaged. The prefect may adapt the balance sheet transmission frequency to the frequency of the measures imposed. The format of the balance of measurements can be specified by the prefectural order.

        Rule 34 Learn more about this article...


        The values of 95% confidence intervals of a single measured result do not exceed the following percentages of emission limit values:
        CO: 10%;
        SO2: 20%;
        NOx: 20%;
        - dust: 30%.

      • Section 3: Conditions of Compliance Rule 35 Learn more about this article...


        In the case of continuous measurements, the emission limit values set out in Chapter II of this title are considered to be met if the assessment of measurement results indicates that, for operating hours in a calendar year, all of the following conditions were met:
        - no validated average monthly value exceeds the emission limit values set out in Chapter II of this title;
        - no validated average daily value exceeds 110% of the emission limit values set out in Chapter II of this title;
        - in the case of combustion plants composed only of boilers using coal and whose total rated thermal power is less than 50 MW, no validated average daily value exceeds 150 per cent of the emission limit values set out in Chapter II of this title;
        95% of all average hourly values validated during the year do not exceed 200% of the emission limit values set out in Chapter II of this title.
        The validated average values are determined in accordance with Article 36 of this Order.
        For the purpose of calculating the mean emission values, the measured values during the periods referred to in Articles 15 and 16 of this Order shall not be taken into account or the measured values during the start and stop phases determined in accordance with Article 14 of this Order.
        For engines authorized prior to the entry into force of this Order, the values measured during the periods corresponding to the post-repair test, adjustment or maintenance operations may also be excluded after agreement by the Prefect on the basis of technical-economic elements provided by the operator, the performance of best available techniques and local environmental constraints in order to guarantee the protection of the interests referred to in Article L. 511-1 of the code of the code The prefectoral order sets appropriate emission limit values, in concentration and in flux, and the maximum duration of these periods, which, combined with the duration of all exclusion periods referred to in the preceding paragraph, cannot exceed 5% of the total operating time of the facilities.
        However, emissions of pollutants during these periods are estimated and reported under the same conditions as the assessment of the measures provided for in Article 6 of this Order.

        Rule 36 Learn more about this article...


        The validated average hourly values are determined from the average hourly values, after subtracting from the confidence interval value to 95% indicated in section 34.
        The validated average daily values and validated average monthly values are obtained by average validated average hourly values.
        The average daily value shall not be taken into account when three average hourly values have been invalidated due to failures or maintenance operations of the measuring device continuously. The number of days for reasons of this type is less than 10 per year. The operator shall take all necessary measures to that effect.
        In the case that the number of days apart exceeds thirty per year, compliance with emission limit values is assessed by applying the provisions of section 37.

        Rule 37 Learn more about this article...


        In cases where continuous measurements are not required, the emission limit values set out in Chapter II of this Title shall be considered to be met if the results of each series of measurements or other procedures, defined and determined in accordance with the authorization order, do not exceed the emission limit values.

      • Section 4: Environmental Monitoring Rule 38 Learn more about this article...


        Monitoring of air quality or the effects of pollutants in the vicinity of the facility may be imposed by the prefectural order for each of the pollutants mentioned in Chapter II of this title, depending on the potential impact of emissions on the environment and public health.
        This monitoring is mandatory for installations whose releases to the atmosphere exceed at least one of the following:
        200 kg/h of SO2;
        200 kg/h of NOx;
        150 kg/h of organic compounds;
        50 kg/h of dust;
        50 kg/h of inorganic chlorine gaseous compounds;
        50 kg/h of hydrochloric acid;
        25 kg/h of fluorine and fluorinated compounds;
        10 g/h of cadmium and mercury and their compounds (expressed in Cd + Hg);
        50 g/h of arsenic, selenium and tellure and their compounds (expressed as + Se + Te) ;
        500 g/h (in the case of heavy fuel combustion plants, this value is increased to 2 kg/h) of antimony, chrome, cobalt, copper, tin, manganese, nickel, lead, vanadium and zinc, and their compounds (expressed in Sb + Cr + Co + Cu + Sn + Mn + Pb + V + Zn) ; or
        100 g/h lead and compounds (expressed in Pb).
        The monitoring program is implemented under the responsibility of the operator and its costs.
        The prefectural order sets out the modalities of this monitoring, in particular the number and location of the measuring points as well as the sampling and analysis conditions.
        The measurements are carried out in places where the impact of the installation is supposed to be the most important. diffuse emissions are taken into account.
        This monitoring is implemented within six months of the installation's commissioning. Operators who participate in an air quality measurement network that includes measures of the pollutant concerned may be exempted from this requirement if the existing network allows to properly monitor the effects of their releases.
        In all cases, wind speed and direction are measured and recorded continuously on the licensed facility or in its surrounding environment.

  • PART III: RATIONAL USE OF ENERGY AND LUTTE CONTRE LES GAZ à EFFET DE SERRE Rule 39 Learn more about this article...


    The operator limits its greenhouse gas releases and energy consumption. It is at the disposal of the inspection of classified facilities the elements on optimization of energy efficiency (returns, specific releases of CO2).
    During the periodic review under section L. 515-28 of the Environmental Code or every 10 years from the authorization for power plants less than 50 MW, the operator shall conduct a review by a competent person of its installation and operating mode to identify the measures that may be implemented to improve energy efficiency, based on the best available techniques for the rational use of energy. The report prepared following this review is forwarded to the inspection of classified facilities, along with the actions the operator plans to provide.

    Rule 40 Learn more about this article...


    As part of the impact assessment under section R. 512-8 of the Environmental Code, the operator shows the measures taken to limit the release of greenhouse gases and the consumption of energy from its installation. It provides, inter alia, information on:
    ― optimization of energy efficiency, including secondary heat recovery;
    means of reducing the emissions of these gases;
    – the possibility of using as a source of energy, in substitution of fossil fuels, biomass. These elements also include information on the classification in the nomenclature of the facility's classified facilities in case such products are used.
    The prefect may set energy efficiency requirements on the basis of the conclusions set out in the report under Article 39 and in the impact study provided for in this Article.

    Rule 41 Learn more about this article...


    Any installation or installation part of a power greater than or equal to 600 MW has sufficient space on the site of the installation to allow the installation of the equipment necessary for the capture and compression of the CO2.
    An assessment of the availability of appropriate CO2 geological storage sites, the technical and economic feasibility of transport networks and the technical and economic feasibility of an adaptation for CO2 capture is carried out by the operator as part of the application for authorization under section R. 512-2 of the Environmental Code.
    For electrical production facilities using coal as a fuel, the authorization is granted provided that the installation is designed to be equipped with a CO2 capture and geological storage device and is accompanied by a comprehensive carbon dioxide capture, transport and geological storage program. This program aims at the perennial storage of at least 85% of the CO2 produced by the facility, under satisfactory conditions for the protection of the environment and the safety of people.
    The provisions of this section apply to facilities whose initial authorization was issued after June 26, 2009.

  • PART IV: PREVENTION OF THE POLLUTION OF
    • Chapter I: Conditions of Application Rule 42 Learn more about this article...


      I. ― Except as specified, the provisions of this heading shall apply to all liquid effluents related to the operation of the combustion plant, particularly from the treatment and conditioning facilities of these waters, namely:
      - cooling circuits of the production unit;
      ― ion exchange resins;
      - purges;
      - cleaning operations, including chemical, circuits;
      - wet smoke treatment circuits;
      - the hydraulic transport of ashes;
      – the rainwater collection network.
      The provisions of this heading apply to these effluents before dilution.
      II. ― All devices, capacities and circuits used for the treatment of any kind, powered by a public water network or a cloth drilling, are equipped with a disconnection device designed to protect this network or the table of pollution that may result from accidental inversion of the normal flow of water.
      III. ― The operator shows, in the context of the impact study, the optimum character of its installation with respect to wastewater recycling.
      Unless explicitly authorized, open circuit cooling systems (return of cooling water in the natural environment after sampling) are prohibited.
      The operator, if applicable, justifies, in the context of the impact study, the need to use treatment products (organic antitarters, biocides, biodispersants, anticorrosion) that may result in releases of halogenated, toxic compounds or pollutants in cooling waters. If the use of these treatment products has not been addressed in the initial impact study of the facility and it becomes necessary, the operator will transmit to the inspection a study of the impact of releases related to the use of these products.
      The detergents used are biodegradable at least 90%.

    • Chapter II: Limit values of releases Rule 43 Learn more about this article...


      I. ― The characteristics of the facility, including sampling and discharge in the aquatic environment, are consistent with the quality and quantity objectives of the water referred to in Article L. 212-1 of the Environmental Code.
      II. ― The authorization stop sets the maximum daily flow rate of the discharge(s), except for runoff water, as well as the limit values of mass flow and pollutant concentrations in the discharge(s).
      III. ― Where the pollutant content observed in the effluents is partly the result of the flow taken, the concentration values of this Order may be considered not to be limits to be met, but as guides and the authorization order may set different values.
      The authorization order sets, if applicable, limit values for other parameters.
      IV. ― Where the authorized maximum daily flow exceeds the tenth of the interannual average flow rate of the watercourse, as defined in section L. 214-18 of the environmental code, or if it exceeds 100 m3/d, the authorization order also sets a limit to the monthly average of the daily flow and an instantaneous limit value expressed in cubic metres per hour.

      Rule 44 Learn more about this article...


      I. ― The temperature of discharged effluent is less than 30 °C.
      II. ∙ The prefect may authorize a higher value based on local constraints.
      For receiving waters to which the provisions of sections D. 211-10 (Tables I and II) and D. 211-11 of the Environmental Code apply, the effects of the discharge, measured at the limit of the mixing area, do not result in a temperature rise of more than 1, 5 °C for salmon-bearing waters, at 3 °C for cypriny waters and at 2 °C for water cons
      The prefect may allow higher limit values for the temperature of the receiving environment and the maximum temperature elevation when a device exists that takes part of the flow of the watercourse at the site's swallow and rejects the flow at the site's top. In this case the limit value for the temperature of the receiver environment fixed by the prefectural stop is necessarily less than or equal to 30 °C.
      In the case of continuous monitoring of the temperature of the receiver environment or a calculation based on the continuous measurement of the medium upstream of the sampling and discharge points, the limit values for the temperature of the receiver medium are considered to be met when the results of the measurements show that 98% of all the average hourly values recorded over twelve months, during the discharge periods of the facility, do not exceed the limit value.
      In other cases, the above limit values are considered to be met if 98% of the results of the measurements, obtained in accordance with the provisions of the authorization order for a period of twelve months, during the operating periods, do not exceed the limit values.
      The provisions of this paragraph concerning the temperature of discharged effluent do not apply in overseas departments. However, the temperature of aqueous discharges cannot in any case exceed 40 °C.
      III. ― For electricity production facilities, an exception to the temperature limit values set out above may be granted by the Minister responsible for the environment, at the request of the operator and at the proposal of the prefect, in the event of unpredictable difficulties or exceptional climatic conditions and when the operation of the installation is necessary, in particular to ensure the balance of the national electricity grid. The derogation may include, inter alia, on the proposal of the prefect, specific requirements concerning, inter alia, discharge temperatures and the environment in which it is carried out (temperature after mixture) as well as environmental monitoring conditions.

      Rule 45 Learn more about this article...


      I. ― The color modification of the receiver medium, measured in a representative point of the mixing area, does not exceed 100 mgPt/l. After establishing a correlation with the method using platinum-cobalt control solutions, the color modification can, as necessary, also be determined, from the optical densities measured according to the current standard NF EN ISO 7887, at least three wavelengths, spread over the entire visible spectrum and corresponding to maximum absorption zones.
      II. ― The pH of discharged effluent is between 5.5 and 8.5. This limit is 9.5 if there is alkaline neutralization. In the case of open or semi-open circuit cooling, the prefect may authorize, for the discharge of these waters, a higher pH limit, depending on the design of the circuits and local conditions, including the pH of the natural environment.
      For receiving waters to which the provisions of sections D. 211-10 and D. 211-11 of the Environmental Code apply, the effects of the discharge, measured in a representative point of the mixing area, also comply with the following provisions:
      - maintain a pH between 6 and 9 for salmon and cyprincultural waters and for bathing waters, between 6.5 and 8.5 for water intended for human consumption, and between 7 and 9 for conchylic waters;
      - not result in an increase of more than 30% of the suspended material and a variation of more than 10% of the salinity for conchylic waters;
      ― remain compatible with the quality objective of the watercourse (or water plan) at the point of release.

      Rule 46 Learn more about this article...


      When the production of effluent cannot be avoided, the limits of concentration in pollutants in the liquid effluents indicated in the table below are met on a daily average:



      N° CAS
      CONCENTRATION (mg/l)

      MEST


      30

      Cadmium and its compounds

      7440-43-9

      0.05

      Plomb and its compounds

      7439-92-1

      0.1

      Mercury and its compounds

      7439-97-6

      0.02

      Nickel and its compounds

      7440-02-0

      0.5

      DCO


      125

      Halogenated organic compounds (in AOX or EOX) or halogens of absorbable organic compounds (AOX)




      0.5

      Total hydrocarbons


      10

      Global Azote including organic nitrogen, ammoniacal nitrogen, oxidized nitrogen




      30

      Total Phosphorus


      10

      Copper dissolved

      7440-50-8

      0.5

      Chrome dissolved (including chrome hexavalent and its compounds expressed in chrome)


      7440-47-3

      0.5 mg/l including 0.1 mg/l for hexavalent chromium and compounds

      Sulfates


      2000

      Sulfites


      20

      Sulphides


      0.2

      Fluor and compounds (in F) (including fluorides)


      30

      Zinc disbanded

      7440-66-6

      1


      For boilers authorized before 31 July 2002 or who have been requested for authorization before that date, provided that they have been put into service by 27 November 2003, and for turbines and engines authorized prior to the entry into force of this Order, the concentration limit values listed in the table below replace the limit values of the previous table for the pollutants covered. In any event, the limit values of the previous table for other pollutants remain applicable.


      CONCENTRATION (mg/l)

      MEST

      100 if the maximum authorized daily flow does not exceed 15 kg/d

      DCO

      200 if the maximum authorized daily flow does not exceed 15 kg/d

      AOX

      1

      Total hydrocarbons

      20 if the maximum authorized daily flow does not exceed 100 g/j

      Global Azote

      60 if the maximum authorized daily flow does not exceed 50 kg/d


      For the priority hazardous substances referred to in Appendix 9 of Directive 2000/60/EC dated 23 October 2000 referred to above, including for mercury and cadmium, possibly present in the release of the facility, the operator presents, as part of the impact study, the measures taken to comply with the provisions of Directive 2000/60/EC dated 23 October 2000 that require the removal of these substances from the aquatic environment no later than 21
      Different limit values can be fixed by the prefectural stop for MEST and DCO parameters in case of connection to a collective purification station. In this case, a release authorization and, where applicable, a spill agreement shall be established with the competent authorities in charge of the remediation network and the collection network and specify the limit values to be met. These documents are subject to inspection of classified facilities.

    • Chapter III: Conditions of Release Rule 47 Learn more about this article...


      I. ― Release points are as small as possible. Releases allow good diffusion of effluent in the receiving environment.
      II. ― Residual water discharge devices are designed to minimize the disturbance to the natural receptor environment, at the edge of the discharge point, depending on the use of the water in the immediate vicinity and on the swallow of it, and not to hinder navigation.
      III. ― On each aqueous effluent discharge pipe is provided a sample sampling point and measurement points (debit, temperature, polluting concentration, etc.).
      These points are located in a section whose characteristics (e.g., upstream conduct, wall quality, flow regime, etc.) allow for representative measurements to be made so that the speed is not substantially slowed down by thresholds or obstacles at the swallow and the effluent is sufficiently homogeneous.
      These points are designed so as to be easily accessible and to allow safe interventions. All arrangements are also made to facilitate the intervention of organizations outside the application for inspection of classified facilities.
      IV. ― Measuring points and sampling points shall be equipped with the equipment necessary to carry out the measures provided for in section 48 of this Order under its representative conditions.

    • Chapter IV: Monitoring of Aqueous Releases and Environmental Impact Rule 48 Learn more about this article...


      I. ― Water sampling facilities are equipped with a totalizing measuring device. This device is recorded day after day if the debit is likely to exceed 100 m3/d, weekly if the debit is lower. These results are included in a possible computerized registry.
      II. ― Where authorized fluxes exceed the thresholds defined below, the operator shall carry out the following measures on its aqueous effluents, whether effluent is discharged in the natural environment or in a connection network at a collective purification plant:
      (a) The determination of the discharged flow is done by continuous measurements or by estimation or monitoring of representative parameters under the conditions defined by the prefectural order.
      In the case of cooling water with a daily flow exceeding 100 m3, the continuous measurement of the discharged flow may be replaced, after agreement of the prefect, by a permanent monitoring of one or more representative parameters of the operation of the cooling circuit and directly correlated to the discharged flow;
      (b) A day-to-day measurement shall be carried out in accordance with the standards set out in the above-mentioned decision of 7 July 2009 for the pollutants listed below, from a sample taken over a 24-hour period commensurate with the flow rate. When the rejected streams are below the thresholds or when the exceedance of the thresholds defined below results mainly from the flow taken in the natural environment, the authorization stop may set a lower frequency. The prefectoral stop can also set a lower frequency for cooling circuit effluents when an alternative monitoring method is proposed by the operator.



      FLUX JOURNALIERS AUTORISÉS
      triggering a daily measurement (kg/j)

      MEST

      100

      Cadmium and its compounds

      1

      Plomb and its compounds

      1

      Mercury and its compounds

      1

      Nickel and its compounds

      1

      DCO

      300

      AOX

      1

      Total hydrocarbons

      10

      Global Azote

      50

      Total Phosphorus

      15

      Copper and its compounds

      1

      Chrome and its compounds

      1


      The daily measurement of the AOX parameter is not necessary when more than 80% of the halogenated organic compounds are clearly identified and analyzed individually and that the fraction of the unidentified organohalogen does not exceed 0.2 mg/l.
      III. ― In the case of effluents connected to a collective purification plant, the prefectural stop can set different frequencies for the DCO, MEST, total nitrogen and total phosphorus parameters. These frequencies are at least weekly.
      In the case of lagoon basin releases, the prefectural stop can set different thresholds or frequencies for the MEST parameter.
      IV. ― The prefectural stop can adapt the monitoring modalities when measured concentrations are below the detection thresholds for standardized methods.
      V. ― The operator shall, at least once a year, carry out the measures concerning pollutants covered by the prefectural order by an organization approved by the Minister responsible for classified facilities. If there is no approved body, the organization's choice is subject to the approval of the inspection of classified facilities.

      Rule 49 Learn more about this article...


      I. ― When the discharge occurs in a stream and the average daily flow of pollutant exceeds value added one of the following values:
      5 t/j of DCO;
      20 kg/j of hydrocarbons;
      10 kg/j of chrome, copper, tin, manganese, nickel and lead, and their compounds (expressed in Cr + Cu + Sn + Mn + Ni + Pb) ;
      0.1 kg/d of arsenic, cadmium and mercury, and their compounds (expressed as + Cd + Hg),
      the operator performs or makes samples downstream of its discharge by ensuring that there is a good mixture of its effluent with the watercourse waters and makes measurements of the various pollutants released in significant quantities by its installation at a minimum monthly frequency.
      When the exceedance of the above thresholds results mainly from the flow taken in the natural environment, the authorization order or the supplementary order may set a lower frequency.
      When the environment justifies it, the prefect may request the completion of the above-mentioned sampling and analysis for lower flows.
      II. ― When the discharge occurs at sea or in a lake and exceeds one of the above-mentioned flows, the Prefectural Order sets out an environment monitoring plan adapted to local conditions.
      III. ― When the discharge occurs in a watercourse and the monthly average of the discharged flow is greater than 1000 m3/h, the operator performs, during the discharge periods of the facility, a weekly temperature measurement and a monthly measurement of the dissolved oxygen:
      - upstream of sampling points;
      - at the end of the rejection points.
      The location of the measuring points is not influenced by a possible recirculation of all or part of the released waters.
      The duty to measure dissolved oxygen is not applicable where the operator also has, depending on the same frequency, results of dissolved oxygen measurements to properly monitor the effects of the release.
      In normal operation, the upstream temperature measurement can be replaced by a continuous measurement at the input of the capacitor. The down temperature measurement can be replaced by an estimate by calculation.
      Dissolved temperature and oxygen measurements become daily (tight phase) as soon as the down temperature reaches 20 °C for salmon water, 27 °C for cyprincultural water and 24 °C for water intended for human consumption. The measurements are made during the hottest hours of the day. The prefect is informed by the operator of the initiation of the vigilance phase and the result of the measures is transmitted to the inspection of the facilities classified each weekend.
      The dissolved temperature and oxygen measurements become biquotidian (warning phase) as soon as the down temperature reaches 21°C for salmon-water, 28°C for cyprincultural waters and 25°C for water intended for human consumption. The operator shall, in addition to the preceding provisions, establish monitoring, in accordance with the inspection of classified facilities, including at least:
      - the biquotidal pH measurement at the upstream of the sampling points and at the swallow of the discharge points;
      - the immediate removal of a sample for a follow-up of the plankton state, then a weekly sampling until the end of the alert period;
      ― Daily visual surveillance of fish wildlife between water catch and mixing area until the end of the alert period.
      The prefect is informed by the operator of the initiation of the alert phase and the result of the measures is transmitted daily to the inspection of classified facilities.
      The implementation of planned monitoring in the alert phase and vigilance phase can also be triggered in other circumstances, at the request of inspection of classified facilities. It can also be reinforced or continued over a longer period, at the request of inspection of classified facilities.
      The facilities that the operator has stated that it could be affected by the ministerial derogation provided for in Article 44 III of this Order, without prejudice to the provisions of Article IV, shall carry out a continuous measurement of the pH, temperature and oxygen dissolved to the upstream and downstream of the sampling and discharge points. However, the monitoring of compliance with the limit values for the temperature of the receiving environment may be performed on the basis of the calculation provided for in the fifth paragraph of this paragraph.
      IV. ― For releases of substances that are likely to accumulate in the environment, the operator shall perform or carry out at least once a year samples and measurements in sediments, flora and aquatic fauna.
      V. ― The provisions of I, II and IV may be extended by the prefectural order to releases of other substances or to releases below these thresholds where the nature of the activity or local conditions make it necessary.
      VI. ― When several large plants reject their effluents in the same area, the thresholds to be taken into account take into account all discharges, the measurement point that can then be common and the measures taken for all facilities involved.
      VII. ― The assessment of the measures is forwarded to the inspection of classified facilities, accompanied by comments on the causes of the overtakings identified and the corrective actions implemented or planned. The periodicity of the transmission is fixed by the prefectural order.

    • Chapter V: Accidental Releases Rule 50 Learn more about this article...


      I. ― Arrangements are made to ensure that, in the event of an operating accident occurring in the facility's enclosure, there is no dumping of materials that, by their characteristics and quantities, could result in significant consequences on the receptor natural environment or public remediation networks.
      II. – The soil of the boiler room and any workshop using or storing flammable liquids or likely to pollute the remediation network or the environment are waterproof, incombustible and arranged so that the sewers or, in the event of an accident, the liquids contained in the receptacles or appliances cannot flow out of or in the remediation network.
      III. ― Any container that may contain dangerous liquids or cause pollution of the sewage or natural environment is associated with a watertight retention capacity whose volume 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 containers.
      This provision is not applicable to authorized heavy fuel storage by 31 July 2002. These facilities are associated with a watertight retention capacity whose volume is at least equal to the largest of the following two values:
      50% of the capacity of the largest tank;
      20% of the overall capacity of the associated containers.
      IV. ∙ When storage is made exclusively of receptacles of unit capacity less than or equal to 250 litres, the minimum retention volume is equal:
      - the total capacity of the receptacles if this capacity is less than 800 litres;
      – 50% of the total capacity of the receptacles with a minimum of 800 litres if this capacity exceeds 800 litres.
      V. ― The retention capacity is waterproof to the products it may contain, resists the physical and chemical action of the fluids and does not include gravity evacuation devices. Containers or containers containing products that can react dangerously together are not associated with the same retention bowl.

  • PART V: SUBSTANCES AND BUSINESS Rule 51 Learn more about this article...


    The operator shall make all necessary arrangements in the design and operation of its facilities to ensure proper management of the by-products and wastes derived from its activities in accordance with the best available techniques based on the reference document, and compliance with the hierarchy of waste management modes of section L. 541-1 of the Environmental Code, including:
    ∙ limit the quantity and toxicity of waste to the source by adopting clean technologies;
    ― sorting, recycling, recycling its manufacturing waste;
    ensuring the treatment or pre-treatment of its waste, including by means of physico-chemical, biological or thermal treatment;
    ― ensuring, for the ultimate waste whose volume must be strictly limited, storage in the best possible conditions.

    Rule 52 Learn more about this article...


    By-products and wastes from combustion (flying cedars, household ashes, de-sulphur gypsums, chewings, smoke drying residues, etc.) are recorded and stored separately. The storage and transport of these by-products and wastes is carried out in conditions that prevent pollution and nuisance (prevention of flares, odours, leaching by rainwater, pollution of surface and groundwater or infiltration into the soil, etc.) for populations and the environment.

    Rule 53 Learn more about this article...


    By-products and wastes derived from combustion (cedars, chewings, residues of smoke purification...) are, when the technical possibility exists, valued, taking into account their characteristics and possibilities of the market (cement, concrete, road works, filling, remblai...).
    The prefectural order may authorize the valuation of ash by return to the ground as part of a spread plan that complies with all the provisions of section 4 of Chapter V and the associated annexes of the above-mentioned decision of 2 February 1998.
    The ashes may be marketed in accordance with the provisions of articles L. 255-1 to L. 255-11 of the Rural Code applicable to fertilizing substances; They then have an approval, a preliminary sales authorization or a distribution authorization for testing, or are in compliance with a mandatory application standard.
    The operator is able to justify the disposal or enhancement of all by-products and wastes it produces at the inspection of classified facilities. It provides annual inspection of classified facilities with an assessment of recovery and disposal operations.
    The authorization order sets out the conditions for the disposal of different wastes.

  • PART VI: BRUIT Rule 54 Learn more about this article...


    The facilities authorized before July 1, 1997 are subject to the provisions of the above-mentioned Order dated August 20, 1985. The method of measurement set out in the appendix to the above-mentioned decision of 23 January 1997 applies to replace the provisions of paragraphs 2.1, 2.2 and 2.3 of the order of 20 August 1985.
    Facilities authorized as of July 1, 1997 are subject to the provisions of the Order of January 23, 1997.

  • PART VII: PREVENTION OF INACENDIA AND EXPLOSION RISKS Rule 55 Learn more about this article...


    I. ― Persons outside the facility, except those designated by the operator, do not have free access to the facilities. A fence or wall of a minimum height of 2 metres surrounds the installation or establishment.
    II. ― The facility is accessible to allow fire and rescue services to operate. It is served, on at least one face, by a lane or by a ladder if the high floor of the building is at a height greater than 8 metres from that lane.
    Facilities are designed to allow rapid evacuation of staff.
    The doors open to the outside and are operated from the inside in all circumstances. Access to the exits is marked.
    The boilers producing steam under pressure greater than 0.5 bar or overheated water at a temperature of more than 110 °C are located more than ten metres from any premises inhabited or occupied by third parties and buildings frequented by the public. The premises sheltering these boilers are not surmounted by floors and are separated by a wall of any neighbouring premises occupying fixed-station personnel.

    Rule 56 Learn more about this article...


    I. ― The premises are maintained clean and regularly cleaned, in particular in order to avoid clusters of hazardous or polluting materials and dust that may ignite or propagate an explosion. Cleaning equipment is adapted to the risks posed by products and dust.
    II. - Without prejudice to the provisions of Labour code, the premises are properly ventilated to prevent the formation of an explosive or harmful atmosphere.
    The ventilation continuously ensures, including in the event of a stopover of the equipment, in particular in the event of a safe installation, a sweeping of the local atmosphere, compatible with the proper operation of the combustion apparatus, by means of partly high and low openings allowing an effective air circulation or any other equivalent means.
    The premises are equipped in part high with devices for the evacuation of smoke and combustion gases released in the event of fire (e.g. roof lanterns, façade openings or any other equivalent means). Manual opening controls are located near the access.
    The swelling system is adapted to the specific risks of the installation and conforms to existing standards. These materials are maintained in good condition and verified at least once a year.

    Rule 57 Learn more about this article...


    I. ― Metal equipment (servoirs, tanks, pipes) are placed on the ground in accordance with applicable standards, especially given the explosive or flammable nature of the products.
    II. ― Fuel storage is isolated from combustion plants, at least by a REI 120 wall or by a distance of isolation that cannot be less than 10 metres. The prefectoral order can define alternatives of equivalent efficiency.
    The presence of hazardous or flammable materials in the facility is limited to the requirements of operation.
    Storages with risks of spontaneous warming are equipped with temperature probes. An alarm alerts operators in case of drift.
    III. ― The operator maintains a state of the nature and quantity of the stored fuels and products to which a general storage plan is attached.
    This information is made available to fire and rescue services as well as inspection of classified facilities and is accessible at all times.

    Rule 58 Learn more about this article...


    I. ― Facilities are operated under the permanent supervision of qualified personnel. It periodically checks the proper operation of safety devices and ensures the proper fuel supply of combustion appliances.
    By derogation from the above provisions, permanent human-controlled operation is permitted where the facility meets the applicable regulatory provisions, including those relating to pressure equipment.
    II. ― All operators receive appropriate initial training.
    An annual complementary training for minimum day security is provided by a competent body or service. In particular, this training will focus on the conduct of the facilities, maintenance operations, alerting and emergency equipment, reading and updating of operating instructions. The operator shall have at the disposal of the inspection of classified facilities a document attesting to this training: content, date and duration of the training, starting list.
    III. ― The operator shall record in writing the procedures for the recognition and management of operating anomalies, as well as those relating to the interventions of staff and periodic audits of the proper operation of the facility and of the safety devices. These procedures specify the frequency and nature of the checks to be performed during and outside the operating period of the facility.
    In the event of anomaly causing the installation to be stopped, the installation is protected from any timeless unlocking. Any automatic return is then prohibited. Rearming can only be done after removal of defects by operating personnel, if necessary after intervention on the site.

    Rule 59 Learn more about this article...


    I. ― 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.
    II. ― The operator determines for each of these parts of the facility the nature of the risk (fire, explosive atmospheres or toxic emanations) that concerns it. The presence of this risk is materialized by ground marks or panels and on a plan of installation. This plan is made available for inspection of classified facilities and emergency services.
    III. ― The facility is equipped with fire-fighting facilities that are appropriate to the hazards and meet the standards in force.
    These materials are maintained in good condition and verified at least once a year.

    Rule 60 Learn more about this article...


    I. ― In the parts of the installation referred to in Article 59 of this Order and at risk of "explosive atmospheres", the electrical installations conform to the provisions of 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 usable equipment in explosive atmospheres. However, in the parts of the installation where explosive atmospheres can appear episodically with a low frequency and short duration, the electrical installations can be made of good industrial quality electrical equipment which, in normal service, does not engender arc, spark, or hot surface likely to cause an explosion.
    II. ― The provisions of the amended March 31, 1980 Order regulating the electrical installations of regulated facilities under the law of classified facilities that are likely to present explosion risks apply. In particular, electrical pipes are not a possible cause of ignition and are properly protected against shocks, the spread of flames and the action of the products present in the part of the facility in question.

    Rule 61 Learn more about this article...


    I. ― The conduct of the facilities (starting and stopping, normal operation, maintenance...) is subject to written operating and security instructions that are made available to staff. These instructions include:
    - the operating modes;
    ― the frequency of control of the safety and treatment devices generated by the installation;
    - the maintenance and cleaning instructions, the periodicity of these operations and the necessary consignations before carrying out this work;
    - the conditions for the issuance of the "intervention permit" provided for in section 62 of this Order;
    - the terms and conditions for the maintenance, control and use of regulatory equipment and safety devices;
    the conduct to be carried out in the event of an unavailability of an emission reduction device, as provided for in section 16 of this Order.
    These instructions are regularly updated.
    II. - Without prejudice to the provisions of Labour codeemergency procedures are established and made available in the workplace. These procedures include:
    - measures to be taken in the event of leakage on a container or pipeline containing dangerous or flammable substances and the conditions of release provided for in Part IV of this Order;
    - means of extinction to be used in the event of a fire;
    – the conduct to proceed with the emergency stop and the safety of the facility;
    - the alert procedure with the telephone numbers of the institution's response officer, fire and rescue services, etc. (mandatory display).
    These procedures are regularly updated.

    Rule 62 Learn more about this article...


    I. ― The operator ensures proper maintenance of control, control, signalling and safety devices. These audits and their results are documented in writing.
    II. ― Any piping that may contain fuel gas is subject to an annual leakage check that will be carried out under normal service pressure.
    III. - All repair or development work leading to an increase in risk (use of a flame or hot spring, purge of circuits...) may be carried out only after the issuance of a "intervention permit" following an analysis of the corresponding risks and the establishment of appropriate preventive measures, and by respecting the specific rules of instructions.
    IV. ― Any hot point intervention on a fuel-containing pipe can only be initiated after a complete purge of the pipe concerned. The consignation of a section of pipeline is carried out according to a specific specifications defined by the operator. The operculators, which are not manoeuvrable without leaking to the atmosphere, are prohibited inside the buildings.
    V. ― At the end of such work, a sealing check of the pipework ensures a perfect integrity of the pipework. This verification will be based on predefined documents and written procedures. These audits and their results are documented in writing. For reasons related to the need for operation, this type of intervention may be made in derogation from this paragraph, subject to the drafting and observation of a specific directive.
    VI. ― Welders have a certificate of professional fitness specific to the method of assembly to be performed.

    Rule 63 Learn more about this article...


    I. ― Fuel feed networks are designed and built to reduce the risk of leakage, especially in confined areas. The pipes are as a need protected from external aggressions (corrosion, shock, excessive temperature...) and detected by standard colours or labelling.
    II. ― A manual cut-off device, independent of any flow control equipment, placed outside the buildings if any, allows the liquid or gaseous fuel supply of combustion appliances to be interrupted. This device, clearly identified and indicated in operating instructions, is placed:
    - in a place accessible quickly and in all circumstances;
    - outside and downstream of the fuel delivery and/or storage position.
    It is perfectly reported and maintained in good working condition and includes an indication of the direction of the manoeuvre as well as the identification of open and closed positions.
    In gas fuel-fired installations, the gas supply will be cut off by two redundant automatic valves (1), serially placed on the gas supply line outside the buildings, if any.
    These valves are each provided to gas detection sensors (2) and a pressure reduction device (3). These valves ensure the closure of the gaseous fuel supply when a gas leak is detected.
    The entire automatic cut-off chain (detection, signal transmission, shutdown of the gas supply) is periodically tested.
    The open or closed position of these organs is clearly identifiable by operating personnel.
    A gas detection device that triggers, according to a pre-established procedure, an alarm in the event of exceedance of the hazard thresholds is put in place in installations using gaseous fuel to prevent the occurrence of an explosive atmosphere.
    This device cuts the arrival of the fuel and interrupts the power supply, with the exception of the power supply of the equipment and equipment intended to operate in an explosive atmosphere, the power supply in very low voltage and the emergency lighting, without the ability to cause arc or spark to trigger an explosion. A fire detection device equips the facilities in the basement.
    When it appears that it is not possible to establish such a cut-off device, a derogation may be granted by the prefect after the advice of the Higher Council for the Prevention of Technological Risks (CSPRT) on the basis of a file argued by the operator. This file includes at least a risk analysis, a justification for the impossibility of setting up the manual bonding or cut-off, and the compensatory measures that the operator proposes to put in place. An analysis of the elements of this file, carried out by an expert external body selected in accordance with the administration, may be requested at the operator's expense.
    III. ― The location of the gas detectors is determined by the operator based on the risk of leakage and fire. Their situation is spotted on a plan. They are monitored regularly and the results of these controls are documented in writing. The reliability of the detectors is adapted to the requirements of section 60 of this Order. Calibrations are regularly performed.
    Any detection of gas in the atmosphere of the premises, beyond 30% of the lower explosive limit (LIE), leads to the safety of all or part of the facility that may be in contact with the explosive atmosphere or to conduct an explosion, except equipment and equipment that may be maintained in accordance with the provisions of Article 60 of this Order.
    This security clearance is provided in operating instructions.
    IV. ― Any liquid fuel heating device has a temperature limiting device, independent of its regulation, protecting against any abnormal overheating of the fuel. An alarm alerts operators in case of drift.
    V. ― The route of pipes inside the premises where combustion appliances are located is as small as possible. In addition, a quick cut organ equips each combustion device as close to it.
    The design of a section of pipeline, especially in the case of work, will be carried out according to a specific specifications defined by the operator. The operculators, which are not manoeuvrable without leakage in the atmosphere, are prohibited inside the buildings.

    (1) Automatic valve: its reliability level is maximum, taking into account existing standards for this equipment. (2) Gas detection sensor: a redundancy is ensured by the presence of at least two sensors. (3) Pressure reduction device: This device detects a pressure drop in the pipe. Its threshold is as high as possible, given operational constraints. Rule 64 Learn more about this article...


    I. ― Combustion devices are equipped with devices that allow, on the one hand, to control their proper operation and, on the other hand, in the event of default, to secure the device concerned and, if necessary, the installation.
    II. ― Combustion devices include a flame control device or temperature control. The failure of its operation results in the safety of the appliances and the shutdown of the fuel supply.

  • PART VIII: DEPÔTS, TRETIEN AND MAINTENANCE Rule 65 Learn more about this article...


    I. ― Storage facilities, handling, transvasion, transport of pulverulent products are equipped with devices (watering, caping, suction) to prevent dust flares. If necessary, the suction devices are connected to a dust removal facility.
    II. ― Peripheral trails for storage and likely to be used by vehicles are properly processed to prevent dust flares.
    III. ― Storages of all solid products or wastes take place on watertight soils (beton, bituminous coatings) maintained in good condition and ensuring the absence of infiltration of pollutants into the soil. The runoff or washing water from these storage areas shall be rejected under the conditions set out in Part IV of this Order.
    IV. ― The prefectural order may provide for an exemption to the paragraph above. In this case the installation complies with the following provisions:
    - at a minimum, two piezometers are located downstream of the installation site and one piezometer upstream; the definition of the number of piezometers and their location is based on the findings of a hydrogeological study;
    – twice a year, at least the piezometric level is raised and sampling is done in the table. The sampling frequency is determined on the basis of the study cited above.
    The collected water is subject to measures of the relevant substances that may characterize a possible pollution of the table given the current or past activity of the facility. The results of measurements shall be transmitted to the inspection of facilities classified under the conditions set out in section 6 of this Order. Any abnormal variation is reported as soon as possible.
    If these results show groundwater pollution, the operator determines by all means useful if its activities originate or not from the variation found. He shall inform the prefect of the outcome of his investigations and, where appropriate, of the measures taken or envisaged.

    Rule 66 Learn more about this article...


    The operator maintains a booklet or maintenance material that includes, inter alia, the following information:
    the name and address of the facility, the owner of the facility and, where applicable, the maintenance company;
    ― characteristics of the local "burning", fuel storage facilities, heating equipment generators;
    - characteristics of the fuels recommended by the manufacturer, results of the viscosity measurements of the heavy fuel oil and its heating temperature, measures taken to ensure the storage of the fuel, the evacuation of the combustion gases and their temperature at their outlet, the treatment of the water;
    - designation of fire and control equipment;
    - provisions adopted to limit air pollution;
    ― general conditions of use of heat;
    - result of the measures and verifications and visas of the persons who carried out these operations, the identification of the observations made and the follow-up given;
    ― large operating lines and operating incidents with an analysis sheet;
    - annual fuel consumption;
    - indications relating to the installation, replacement and repair of fire and control equipment;
    - indications of other maintenance and cleaning and branching operations;
    - indication of all modifications to the facility, as well as related facilities that have an environmental impact or safety impact.
    A record specifies the nature of the maintenance operations as well as the conditions for the provision of consumables and wear equipment to limit anomalies and, where applicable, their duration.

  • PART IX: ABROGATION AND EXECUTIVE Rule 67 Learn more about this article...


    The decision of 23 July 2010 concerning boilers present in combustion plants of a thermal power greater than or equal to 20 MWth authorized or amended from 1 November 2010 is repealed from the date of entry into force of this Order.
    The decision of 11 August 1999 concerning the reduction of pollutant emissions from combustion engines and turbines as well as boilers used in post-combustion subject to authorization under heading 2910 of the nomenclature of the plants classified for the protection of the environment, the decree of 20 June 2002 amended relating to boilers present in a new or modified installation of a power greater than 20 MWth, the decree of 30 July 2003

    Rule 68 Learn more about this article...


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


Done on 26 August 2013.


For the Minister and by delegation:

Director General

energy and climate,

L. Michel

Director General

risk prevention,

P. White


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