New heading 2783 for the deconditioning of biowaste

Decree no. 2023-153 of March 2, 2023 amends the nomenclature for facilities classified for environmental protection (ICPE). This decree creates a new heading for activities involving the deconditioning of source-separated biowaste with a view to its organic recovery.

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What is the impact of this new section?

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1 - MODIFICATION OF SEVERAL SECTIONS

Decree no. 2023-153 modifies three headings:

• 2731: Storage or transit of animal by-products.
• 2791: Non-hazardous waste treatment plant.
• 2971: Plant for the production of heat or electricity from non-hazardous waste prepared in the form of solid recovered fuels in a plant designed for this purpose, whether or not combined with another fuel.

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Heading 2731

For heading 2731, the first change concerns the exclusion from this category of depots attached to and/or directly linked to facilities whose activities fall under the new heading 2793.

The second change concerns the modification of the regulatory reference for the definition of "bio-waste".

Heading 2791

For heading 2791, the heading specifies that facilities excluded from this heading are activities classified under the listed headings and no longer covered by this heading. In addition, the installations excluded from this heading are those classified under the new heading 2783.

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Heading 2971

The heading of heading 2971 has been changed, as it now covers all energy production facilities in general, rather than heat or electricity production facilities. However, it is specified that the installations concerned are those producing heat, electricity or gas.

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2 - CREATION OF HEADING 2783

Decree 2023-153 provides a framework for activities involving the deconditioning of source-separated biowaste with a view to its organic recovery, by creating heading 2783. This new heading defines all the requirements for biowaste deconditioning activities. In particular, it imposes constraints on traceability, on-site management and the quality of the soup of deconditioned biowaste.

Two ministerial decrees of general prescriptions modify the regimes of this heading:

• The first decree sets out the requirements applicable to ICPEs under this heading, which are subject to declaration.
• The second decree sets out the requirements applicable to ICPEs under this heading, subject to registration.

The tonnage will determine the operating mode:

• Less than 30t/day: registration.
• Greater than or equal to 30t/day: declaration and subject to periodic inspection.

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3 - GENERAL REQUIREMENTS FOR HEADING 2783

Classified installation file

Registration

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The declaration

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Fire-fighting resources

Regardless of the regime, fire-fighting equipment is mandatory for ICPE sites:

• A means of alerting the fire and rescue services.
• Updated contingency plans for areas and hazards.
• An automatic fire detection and alarm system for enclosed buildings where combustible or flammable products or waste are stored.
• One or more water points such as :
• Fire hydrants
• Water reserves
• Suitable fire extinguishers.

For the declaration system, checks will be carried out on :

• The presence of a means of alerting the fire and rescue services;
• Building plans with descriptions of associated hazards;
• The presence of an automatic detection and fire alarm system for the buildings concerned (failure to comply with this point is a major non-conformity);
• The presence of fire appliances (hydrants, hydrants, etc.) (at least one) and fire extinguishers (at least one) (non-compliance with this point is a major non-conformity);
• Layout of fire appliances (hydrants, hydrants, etc.) and fire extinguishers;
• The inspection report must be less than one year old.

Fire resistance

The buildings housing the plant must have a minimum fire resistance of :

• Structure: R15.
• Interior and exterior walls: class A2s1d0.
• Roofing: BROOF class and index (t3).

Under the declaration system, the presence of documents attesting to fire resistance properties will be checked (non-compliance with this point is a major non-conformity).

Smoke extraction

Smoke extraction systems have automatic and manual controls. The effective opening area is at least equal to :

• 2% if the area to be cleared of smoke is less than 1600m2.
• to be determined according to the nature of the risks if the surface area exceeds 1600m2.

Resetting must take place from the floor of the room or from the smoke extraction area. The various controls must be located in an easily accessible place, and must be signposted and indicated on the intervention plan.

If the system is equipped with an automatic sprinkler system, the automatic outlet opening devices must not open before the sprinkler system is activated.

For the declaration system, checks will be carried out on :

• The presence of smoke and combustion gas evacuation systems (non-compliance with this point is a major non-conformity);
• Position manual opening controls close to access points.

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4 - APPLICABILITY

Registration system

For the registration regime, the ministerial decree on general requirements for heading 2783 applies:

• Facilities for which a complete registration application is submitted after March 4, 2023.
• Existing facilities and projects for which a complete application for authorization or registration has been submitted by March 4, 2023.

Declaration system

For the registration regime, the ministerial decree on general requirements for heading 2783 applies:

• Facilities declared after March 4, 2023.
• For facilities declared until March 4, 2023.
• Facilities subject to declaration included in a facility with at least one installation subject to authorization, where these facilities are not governed by the prefectoral authorization order.

Some points will only apply from January 1, 2024, while others, such as fire resistance, will not.