Key Benefits:
Publics concerned: operators of facilities classified for environmental protection (ICPE).
Subject: modification of the ICPE nomenclature.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the decree is to submit to the registration regime the work of wood with the exception of sites under the Industrial Emissions Directive.
The decree also amends section 1414 to insert:
- at the level of 1414-2, two subheadings (1412-2b and 1412-2c) corresponding to the loading/unloading facilities serving flammable gas storage with "declaration" and "authorization" classification thresholds based on the number of loading/unloading operations carried out;
- a new wording 1414-4 specific to the direct transfer operations of large tank truck with small carrier tank truck.
The decree raises the threshold of authorization for section 2781-1 from 50 to 60 tonnes per day under the Energie methaneisation nitrogen (EMAA) plan.
Finally, the Order amends the 1700 entries related to the use of radioactive substances:
- deletes section 1715 and creates section 1716 for radioactive substances in unsealed forms, 2797 for radioactive wastes and 2798 for temporary management of waste from a nuclear or radiological accident;
- it submits to the licensing regime the activities and facilities for the management of radioactive waste pursuant to Council Directive 2011/70/EURATOM of 19 July 2011 establishing a community framework for the responsible and safe management of waste and radioactive waste;
- it submits to the Regime classified facilities the only unsealed radioactive substances with an environmental stake and submits the management of all sealed sources to the Public Health Code.
Section 4 provides that the authorization or declaration issued under section 1715 shall continue to apply for authorization or declaration under section 1715. Public Health Code for a period of five years or until a new authorization under the Public Health Code.
References: the texts amended by this decree may be consulted, in their drafting, on the Legifrance website ( http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
In light of Council Directive 2011/70/EURATOM of 19 July 2011 establishing a community framework for the responsible and safe management of spent fuel and radioactive waste;
Vu le environmental codeincluding articles L. 120-1 and R. 511-9;
Considering the public health code, including articles L. 1333-1 and L. 1333-4;
Considering the opinion of the Nuclear Safety Authority of 21 January 2014;
Having regard to the advice of the Higher Council for Technological Risk Prevention of 15 October 2013, 28 January 2014 and 25 March 2014;
The State Council (section of public works) heard,
Decrete:
Column A of the Appendix toArticle R. 511-9 of the Environmental Code is amended in accordance with the table annexed to this Decree.
At the end of Schedule (1) toArticle R. 511-9 of the Environmental Code is added:
"Nota.-Nuclear activities covered by this nomenclature are activities subject to headings 1716,1735,2797 and 2798. »
In section R. 542-67 of the Environmental Code, the words: "under headings 1715 or 1735 of the nomenclature" are replaced by the words: "in respect of nuclear activities referred to in Schedule (1) to theArticle R. 511-9 of the Environmental Code "
The declaration or authorization issued pursuant to Articles L. 511-1 to L. 517-2 of the Environmental Code, under section 1715 shall be the authorization or declaration provided for in theArticle L. 1333-4 of the Public Health Code for activities defined in L. 1333-1 of the same code:
- until an authorization is obtained or a declaration under theArticle L. 1333-4 of the Public Health Code ;
- if not, for a period of five years from the publication of this decree.
Column A of the Appendix to section R. 511-9 of the Environmental Code is amended as follows:
1° In section 3642, after the words: ", excluding the single conditioning", is inserted: ",";
2° In heading 3350, the words "and/or" are replaced by the word "and";
3° In heading 3710, the words "or 2751" are deleted.
The Minister of Ecology, Sustainable Development and Energy is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Annex
RUBRIQUE
| Number | Designation of the heading | A, E, D, S, C (1) | Ray (2) |
| 1716 | Radioactive substances referred to in section 1700 other than those referred to in section 1735 as long as their quantity likely to be present is greater than 10 m3 and the conditions of exemption referred to in 1° of Article R. 1333-18 of the Public Health Code are not filled. 1. The value of QNS is equal to or greater than 104. 2. The value of QNS is equal to or greater than 1 and is strictly less than 104. Note.-The value of QNS covers all of the radioactive substances listed in section 1700 other than those mentioned in section 1735 that may be present in the facility. It is calculated on the terms set out in Appendix 13-8 of Part I of the Public Health Code. | A | 2 |
| 2797 | Radioactive waste (management of) implemented in an industrial or commercial establishment, excluding particle accelerators, medical sector and treatment activities for sites polluted by radioactive substances, as long as their quantity likely to be present is greater than 10 m3 and the conditions of exemption mentioned in 1° of Article R. 1333-18 of the Public Health Code are not filled. The terms "radioactive waste" and "radioactive waste management" are defined in section 3 of Council Directive 2011/70/ EURATOM of 19 July 2011 establishing a community framework for the responsible and safe management of spent fuel and radioactive waste | A | 2 |
| 2798 | Temporary transit facility for radioactive waste from a nuclear or radiological accident, excluding facilities listed under section 2719. | D |
RUBRIQUE SUPPRIMÉE
| Number | Designation of the heading | A, E, D, S, C (1) | Ray (2) |
| 1715 | Radioactive substances (preparation, manufacture, processing, packaging, use, storage or storage of) in the form of radioactive, sealed or unsealed sources other than the facilities referred to in 1735, of the basic nuclear facilities referred to inArticle 28 of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters and secret basic nuclear facilities as defined by theArticle 6 of Decree No. 2001-592 of 5 July 2001. The value of Q is equal to or greater than 10 | A | 1 |
| The value of Q is equal to or greater than 1 and strictly less than 10 | D |
RUBRIQUE MODIFIED
| Number | Designation of the heading | A, D, E, S, C (1) | Ray (2) |
| 1414 | Liquefied flammable gases (filling or loading or unloading or distribution facility) 1. Bottle filling facilities or containers | A | 1 |
| 2. Installations for flammable gas storage (including underground storage): a. Loading or unloading facilities for flammable gas storage subject to authorization | A | 1 | |
| b. Other facilities as described in 2. a, where the maximum number of loading and unloading operations is greater than or equal to 20 per day or greater than 75 per week | A | 1 | |
| c. Other facilities than those covered by 2. a and 2. b, where the maximum number of loading and unloading operations is greater than or equal to 2 per day | DC | ||
| 3. Tank filling installations powering motors or other operating apparatus with safety organs (jauges and valves) | DC | ||
| 4. Tank-loading or unloading facilities, which are defined by the regulations for the carriage of dangerous goods by road (ADR) or by rail (RID) | A | 1 | |
| 1700 | Radioactive substances in unsealed form (nuclear activities implementing) implemented in an industrial or commercial establishment that is not particle accelerator and medical sector. Definitions: The terms "radioactive substance", "activity", "radioactivity", "radionuclide", "unsealed radioactive source" and "sealed radioactive source" are defined in Appendix 13-7 of Part I of the Public Health Code. "QNS": calculation of the Q coefficient as defined in Appendix 13-8 of Part I of the Public Health Code for Unsealed Radioactive Substances. | ||
| 2410 | Workshops or similar fuel materials: A. Facilities classified under heading 3610 | A | 3 |
| B. Other facilities other than those referred to in A, the power of all machines present in the facility that compete in the work of wood or similar fuel materials being: 1. Over 250 kW. | E | ||
| 2. More than 50 kW, but less than or equal to 250 kW | D | ||
| 2781 | Installations for methaneization of non-hazardous waste or raw plant material, excluding wastewater methane or urban wastewater sludge when methane is stored on their production site. 1. Methane from raw plant matter, livestock effluents, stercorary materials, lactoserum and plant waste from agri-food industries: (a) The quantity of processed material is 60 t/ j | A | 2 |
| (b) The quantity of treated material is greater than or equal to 30 t/ j and less than 60 t/ j | E | ||
| (c) The quantity of processed material is less than 30 t/ j | DC | ||
| 2. Methaneization of other non-hazardous wastes | A | 2 | |
| (1) A: authorization, E: registration, D: declaration, S: public utility bondage, C: subject to periodic inspection provided by theArticle L. 512-11 of the Environmental Code. (2) Mileage display. | |||
Done on September 2, 2014.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
