The French government has made a decree, 2010/75/EU Directive of 24 November 2010 on industrial emissions, with nearly a year in advance the objectives set by the Directive. So, on January 6 was gazetted the ‘Ordinance No. 2012-7 of January 5, 2012 concerning the implementation of Chapter II of the Directive. We complained several times in this blog setbacks in relation to the stated objectives of the Grenelle Environment Forum. We can therefore only rejoice at this step that is part of the Grenelle 2. The purpose of these texts is to prevent and reduce pollution linked to emissions from energy industries, manufacturing and metals, waste management, chemical industries, etc.. A specific list of Annex 1 of Directive 2010/75/EU. In practice, it refers to emissions from installations classified for environmental protection (ICPE) which are already heavily regulated by French law. The Environmental Code is supplemented by a new section applicable to BPI. So, to prevent and reduce pollution, the shares are offered at three levels: – Limitation of industrial emissions, according to the “BAT” – Strengthening of existing measures for the control of polluting industries, – Strengthen the obligation to restore sites at the end of the activity. How to limit industrial emissions? Under Article L. 515-28 of the Code of Environmental t, the CBPI must be operated in such a way that the emission limit values do not exceed the emission levels associated with best available techniques. Clearly, the techniques are more advanced, less polluting industries concerned may, in practice, restrictions imposed on the BPI will be higher with time and technological advances. question is how and by whom they called “BAT”. Article L. 515-28 of the Environmental Code states that it should refer to the “better conclusions about these techniques.” These were adopted by the Commission has said in the report to the President of the Republic order. Think automatically SHORT, ie with reference documents on best available techniques, published by the European Commission for each type of activity. However, Noemie Fradet, rapporteur for the draft order before the High Council of the prevention of technological risks, it was specified that you should not really refer to the BREF. No further information is currently available. What controls are in place? Article L. 515-28 of the Environmental Code also provides for a periodic review of operating conditions of BPI to take account of developments in best available techniques.

It therefore seems that the adoption of new knowledge about the best techniques leads to a revision of the operating conditions of BPI. a review is conducted in two other cases: – if the operator requests a waiver for ICPE an industrial emissions beyond those allowed by the conclusions on BAT, – If the pollution caused by the BPI is that it is appropriate to revise the limit values issue or to establish new emission limits. The revision of the operating conditions is subject to public inquiry in these two cases. It is simply a procedure during which the public is invited to advise on a project. The public inquiry is not a novelty as it is already implemented at present require an application for authorization to operate a ICPE. The novelty lies in the fact that the revision is subject to public inquiry.

Source: www.lefigaro.fr