Emission Protection Law For Boiler Installations - Ec K 2013

Original Language Title: Emissionsschutzgesetz für Kesselanlagen – EG-K 2013

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127. Federal law establishing a federal law on integrated avoidance and reduction of emissions from steam boiler plants (emission protection law for boiler plants-EC-K 2013)

The National Council has decided:

table of contents

1. Main item
General provisions

§ 1

Scope

§ 2

Aggregation Rule

§ 3

Definitions

2. Main piece
Emissions and Immissions

Section 1
Principles and BAT conclusions

§ 4

General

§ 5

BVT Conclusions

Section 2
Emission limit values

§ 6

General

§ 7

Special situations

Section 3
Emission limit values and equivalent parameters for installations with a fuel heat output of 50 MW or more

§ 8

General

§ 9

Altanlagen and existing installations

§ 10

New Appendixes and Update of Approvals

§ 11

Enhancements and changes

3. Main piece
Approval of assets

Section 1
Requirements

§ 12

General

§ 13

Emissions and Immissions

§ 14

Requirements for installations with a fuel heat output of 50 MW or more

§ 15

Major changes

§ 16

Application of other administrative provisions of the Confederation

Section 2
Application

§ 17

Application requirements

Section 3
Public participation

§ 18

Installations with a fuel heat output of less than 50 MW

§ 19

Installations with a fuel heat output of 50 MW or more

§ 20

Transboundary effects

Section 21

Participation of environmental organisations

Section 22

Information to the public on permits issued for installations with a fuel heat output of 50 MW or more

Section 4
Modest content

Section 23

General

§ 24

Modest contents for installations with a fuel heat output of 50 MW or more

Section 5
Specific procedural provisions

Section 25

General

Section 26

Experimental operation

§ 27

Future techniques

§ 28

Geological storage of carbon dioxide

§ 29

Decommissioning

6.
display method, approval case

§ 30

Approval exemption

Section 31

Subsequent changes

Section 32

Approval under other legislation

4. Main piece
Monitoring

§ 33

General

Section 34

Requirements for experts

§ 35

Emission measurements

5. Main piece
Obligations of the operator

§ 36

General

Section 37

Noise measurements

§ 38

Declaration of emissions

6. Main piece
Requirements under other federal legislation

§ 39

Measures taken at the end of 1994

§ 40

Measures according to the IG-L

Section 41

Incineration of waste

7. Main piece
Adaptation to the best available techniques

§ 42

Review of permit conditions

Section 43

Update of permit conditions

8. Main piece
Criminal provisions and enforcement

Section 44

Criminal provisions

§ 45

Authorities

Section 46

Enforcement

9. Main piece
Final provisions

§ 47

entry into force

§ 48

Override

§ 49

Retributions

§ 50

Existing approvals

Section 51

References

Section 52

Linguistic equality

Section 53

Implementation of European Union legal acts

Appendix 1

Pollutant List

Appendix 2

Criteria for the determination of the state of the art

Appendix 3

Emission limit values for installations with a fuel heat output of 50 MW or more

1. Main item

General provisions

Scope

§ 1. (1) This federal law shall be subject to fixed installations consisting of

1.

a steam boiler or a number of steam boilers which are or are fired with fuels,

2.

a steam boiler or a number of steam boilers, to which heat is or are supplied by hot exhaust gases (waste heat boiler),

3.

a gas turbine or several gas turbines,

4.

a gas engine or several gas engines

and to other facilities directly connected to the boiler (the steam boilers), to the gas turbine (gas turbines) or to the gas engine (the gas engines), which are connected to them in a technical context and the effects on the gas engines (gas engines). emissions and pollution.

(2) The exclusion from the scope of application

1.

Installations whose emissions are not delivered to the environment but are entirely managed in a production process; and

2.

Gas turbines or gas engines, if they are part of an installation with a fuel heat output of less than 50 MW.

(3) This federal law regulates the operation of plants with regard to

1.

the prevention and, where this is not possible, the reduction of emissions into air, water and soil, in order to achieve a high level of protection for man and the environment as a whole, and

2.

the prevention of major accidents involving dangerous substances and the limitation of the consequences of accidents for man and the environment, in order to ensure a high level of protection in a coordinated and effective manner.

Aggregation Rule

§ 2. (1) Where the exhaust gases of two or more steam boilers, gas turbines or gas engines are derived jointly via a chimney, the combination formed by these steam boilers, gas turbines or gas engines shall be considered as a single installation and for the The fuel heat output of the individual steam boilers, gas turbines or gas engines is added in the calculation of their fuel heat output.

(2) Where two or more steam boilers, gas turbines or gas engines are constructed in such a way that their exhaust gases could be derived jointly via a chimney, taking into account technical and economic factors, those of such engines shall be considered to be [0050] Combination of steam boilers, gas turbines or gas engines as a single installation and for the calculation of their fuel heat output are added to the fuel heat outputs of the individual steam boilers, gas turbines or gas engines.

(3) In the case of installations with a fuel heat output of 50 MW or more consisting of a combination of steam boilers, gas turbines or gas engines described in paragraphs 1 and 2, individual fuel heat output shall be calculated for the calculation of total fuel heat output. Steam boilers, gas turbines or gas engines with a fuel heat output of less than 15 MW are not taken into account.

Definitions

§ 3. In the sense of this federal law, the term:

1.

"steam boiler" installations,

a)

in which steam is generated or overheated, or

b)

in which liquids are heated above their atmospheric boiling point, or

c)

which are heated by hot exhaust gases for the purpose of generating or superheating steam in the sense of the lit. a or the heating of liquids in the sense of the lit. b are supplied (waste heat boiler);

2.

"gas turbine" means any rotating machine which converts thermal energy into mechanical work and mainly consists of a compressor, a combustion chamber in which fuel is oxidised for heating the working medium, and a turbine;

3.

"gas engine" means an internal combustion engine with spark ignition of the fuel or fuel, operating according to the ottop-principle. -in the case of dual-fuel engines, with self-ignition of the fuel;

4.

"Altanlagen" means installations with a fuel heat output of 50 MW or more for which a permit has been issued before 27 November 2002 or for which a full application for authorisation has been submitted by the operators of such installations before that date, if such a request is made Installations have been put into operation no later than 27 November 2003;

5.

"existing installations" means installations with a fuel heat output of 50 MW or more, which are not Altanlagen and for which they are located in front of the 7. In January 2013, a permit has been issued or for which a full application for authorisation has been submitted by the operator before that date, provided that such installations are not later than 7. Jänner will be put into operation in 2014;

6.

"new installations" means installations with a fuel heat output of 50 MW or more which do not fall under the terms of paragraphs 4 or 5;

7.

"fuel" means any solid, liquid or gaseous combustible material for the loading of installations;

8.

"domestic solid fuel" means a naturally occurring solid fuel, which is fired in a plant specially designed for this fuel and which is obtained locally;

9.

"Biomass"

a)

products of agricultural or forestry origin made of plant material which can be used as fuel for energy recovery;

b)

the following waste:

aa)

plant-based waste from agriculture and forestry;

bb)

vegetable waste from the food industry, if the heat produced is used;

cc)

fibre-based plant waste from the production of natural pulp and from the production of paper from pulp, provided that it is co-incinerated at the place of production and the heat produced is used;

dd)

Corcabins;

ee)

wood waste, with the exception of wood waste, which may contain organohalogen compounds or heavy metals as a result of a treatment with wood protection products or as a result of a coating, and in particular such wood waste from construction and construction; and Abort waste;

10.

"fuel heat output" means the average amount of heat supplied to a plant by means of the hourly average amount of heat, which is related to the lower calorific value and which, in order to achieve the installation performance, is in continuous operation (nominal load). is required. In the case of unfired waste-heat shackles, the fuel heat output is obtained analogously from the average heat quantity supplied with the hot exhaust gases. The fuel heat output is set out in Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), ('the Industrial Emissions Directive '), OJ L 327, 22.4.2010, p. No. 17, as amended by the corrigendum OJ L 376, 27.12.2010, p. No. 25., which refers to the term 'thermal output' of the same importance and is used in megawatts (MW);

11.

"multi-fuel combustion plant" means a plant which can be operated alternately with two or more fuels;

12.

"mixed combustion plant" means a plant which can be operated simultaneously with two or more fuels;

13.

"groundwater" according to § 3 Z 1 quality target regulation of chemistry groundwater (QZV Chemie GW), BGBl. II No 98/2010, all underground water in the saturation zone, which is in direct contact with the ground or the ground;

14.

"bottom" is the top layer of the earth's crust, which is located between the ground rock and the surface. The soil consists of mineral particles, organic material, water, air and living organisms;

15.

"pollution" means the release, directly or indirectly, of substances, vibrations, heat or noise caused by human activities in air, water or soil, which are harmful to human health or to the quality of the environment, or to a situation where: Damage to property or property may lead to unreasonable impairment or disturbance of the environment-related well-being of a healthy, normally-sensitive person, or of other permitted uses of the environment;

16.

"dangerous substances" means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006 No. OJ L 353, 31.12.2008, p. 1;

17.

"baseline report" means information on the state of pollution of the soil and groundwater by the relevant hazardous substances;

18.

"emission" means the direct or indirect release of substances, vibrations, heat or noise from point sources or diffuse sources in the installation into the air, water or soil;

19.

"emission limit value" means the mass expressed in relation to certain specific parameters, the concentration and/or the level of an emission which may not be exceeded in one or more periods of time;

20.

"sulphur separation degree" means the ratio of the quantity of sulphur not discharged into the air from an installation for a given period to the amount of sulphur in the solid fuel which is introduced into the plant during the same period and is consumed;

21.

"dioxins" and "furans" are all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Annex VI, Part 2 of the Industrial Emissions Directive;

22.

"organic compound" means a compound containing at least the element carbon and one or more of the elements hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, excluding carbon oxides and inorganic substances. Carbonates and bicarbonates;

23.

"volatile organic compound" means an organic compound and the creosotan component, which is/are which has a vapour pressure of 0.01 kPa or more at 293.15 K, or has a corresponding volatility under the conditions of use;

24.

"permit" means a written permit (authorisation) for operation, including the establishment or substantial modification of an installation or part of an installation;

25.

"Change of operation"

a)

a change in the nature or

b)

a change in the functioning or

c)

an extension of the installation,

which can have an impact on the environment;

26.

"Essential change"

a)

a change in the nature or

b)

a change in the functioning or

c)

an extension of the installation,

which can have a significant adverse impact on human health or the environment. Any amendment shall be deemed to be essential if the change or extension has, in itself, an increase in the thermal output of 50 MW or more;

27.

"operating hours" means the period of time expressed in hours during which an installation is fully or partially in operation and emits emissions into the air, without the periods of arrival and departure;

28.

"operator" means any natural or legal person who operates the installation or who possesses or is representative of the decisive economic power to dispose of it;

29.

"environmental inspections" means all measures, including on-the-spot inspections, monitoring of emissions and verification of internal reports and follow-up documents, verification of self-control, examination of the techniques used and the suitability of the the environmental management of the plant, which shall be taken by the authority or on its behalf for the purpose of checking and promoting compliance with the permit conditions by the installations and, where appropriate, for monitoring their environmental impact;

30.

"environmental quality standard" means the set of requirements to be met at a given time in a given environment or part of it in accordance with Union legislation;

31.

"State of the art" means the state of development of advanced methods, facilities, construction or operations, which are based on the relevant scientific knowledge, and have been tested and proven to be functional. In the determination of the state of the art, in particular, those comparable methods, devices or modes of operation are to be used, which are the most effective in achieving a generally high level of protection for the environment as a whole. In defining the state of the art, the costs and benefits resulting from a particular measure, and the principle of prevention and prevention in general, and in individual cases, shall be subject to the criteria laid down in the Appendix 2 ,

32.

"Best available techniques (BVT)" (Art. 3 Z 10 Industrial Emissions Directive) in terms of content, the state of the art as defined in Z 31;

33.

"BAT reference sheet" means a document drawn up from the exchange of information in accordance with Article 13 of the Industrial Emissions Directive for certain activities and which describes techniques for the relevant activity for reference purposes. In particular, such a document is based on the following aspects:

a)

the techniques used,

b)

current emission and consumption levels;

c)

the techniques used for defining the best available techniques (BAT) and the BAT conclusions, and

d)

all the future techniques,

with the criteria in Appendix 2 shall be particularly taken into account;

34.

"BAT conclusions" means a document containing the parts of a BAT information sheet containing the relevant conclusions on the following aspects:

a)

the BVT,

b)

the description of the BVT,

c)

Information on the evaluation of the applicability of the BVT,

d)

the emission values associated with the BAT,

e)

the accompanying surveillance measures,

f)

the associated consumption values and

g)

Where appropriate, the relevant site-redevelopment measures;

35.

"emission values associated with the best available techniques" shall be the range of emission values obtained under normal operating conditions in accordance with the description in the BAT conclusions, at

a)

use of a best available technology, or

b)

a combination of best available techniques.

They shall be expressed as a mean value for a given period under specific reference conditions;

36.

"future technology" means a new technique for industrial activity which, in the case of commercial use, could either offer a higher general level of environmental protection or at least the same level of environmental protection and greater cost savings than that of the existing state of the art.

2. Main piece

Emissions and Immissions

Section 1

Principles and BAT conclusions

General

§ 4. (1) installations must be constructed, equipped and operated in such a way as to ensure that:

1.

emissions in air, water and soil, which can be avoided according to the state of the art, and

2.

not avoidable emissions into the air according to the state of the art are rapidly and effectively distributed in such a way that the immission load of the goods to be protected (§ 13 Z 2 lit. (a) is as low as possible

3.

a hazard or harassment within the meaning of the provisions of § 13 Z 2 lit. b is avoided and

4.

pollution is avoided in accordance with the implementing regulations adopted for this purpose and the provisions of this Act.

(2) The emission limits of emissions into the air, the furnaces and the burners and the burners, Combustion chambers as well as their accessories must be designed, tested and built in such a way that their reliable function is secured.

(3) The height of the chimneys shall be determined, taking into account the location of the installation and the meteorological and topographical conditions, in such a way as to ensure that health and the environment remain protected.

(4) More detailed rules on functional safety according to paragraph 2 and to the chimney height pursuant to paragraph 3 are by decree of the Federal Minister for Economic Affairs, Family and Youth in agreement with the Federal Minister for Agriculture, Forestry, Environment and water management.

BVT Conclusions

§ 5. (1) The BAT conclusions shall be applied as a reference document for the establishment and updating of the permit conditions for installations if they have been published in the Official Journal of the European Union as decisions of the European Commission . The Federal Minister for Economic Affairs, Family and Youth publishes the findings of these BVT conclusions on the website of the Federal Ministry for Economic Affairs, Family and Youth.

(2) Until the BAT conclusions referred to in paragraph 1 are available, BAT conclusions within the meaning of paragraph 1 shall apply to the best available techniques from the leaflet on best available techniques for large combustion plants in accordance with the provisions of paragraph 1. Adoption of three reference documents relating to Directive 96 /61/EC concerning integrated pollution prevention and control (2006/C 253/03), OJ L 136, 31.5.1996, p. No. OJ No C 253, 19.10.2006, p. 5.

(3) If the Authority sets approval requirements based on best available technology, which is not described in any of the relevant BAT conclusions, it shall ensure that:

1.

this technique, with particular reference to the Appendix 2 shall be determined and

2.

the requirements of § § 8 to 11 are fulfilled.

Where the abovementioned BAT conclusions do not contain any emission values associated with the best available technology, the Authority shall ensure that the technology it has established ensures an environmental protection level which is achieved in the BVT conclusions are equivalent to best available techniques.

(4) Liegen for an activity or a type of production process which is/are which is carried out within an installation, does not present any BAT conclusions, or does not cover all the potential environmental impacts of the activity or process, the Authority shall, on the basis of the the technology which it has determined for the activities or processes in question to determine the permit conditions, the criteria of which shall be: Appendix 2 shall be particularly taken into account.

Section 2

Emission limit values

General

§ 6. (1) For the different types of emissions into the air ( Appendix 1 ) shall be laid down in accordance with Article 4 (1) (1) (1), without prejudice to § 13 of the Authority, emission limit values according to the state of the art for stationary operations, without the use of a particular technique or technology being imposed.

(2) Compliance with the emission limit values shall also be sought in the case of non-steady-state conditions (e.g. driving on and off) and during the duration of maintenance and repair work by means of appropriate measures. The time intervals of the starting and departure are corresponding to the time intervals according to Art. 41 lit. a Directive on industrial emissions adopted by the European Commission, if it has been published in the Official Journal of the European Union. The Federal Minister for Economic Affairs, Family and Youth publishes the findings of these decisions on the website of the Federal Ministry for Economic Affairs, Family and Youth.

(3) Emission limit values may be provided by equivalent parameters; Equivalent technical measures to ensure an equivalent level of environmental protection shall be extended or replaced.

(4) The emission limit values shall apply to the point at which the emissions leave the plant, where any dilution before this point is not taken into account when the limit values are set.

(5) The emission limit values of the upstream combustion plant shall apply to waste heat boiler without additional firing. For waste heat boiler with additional firing, the emission limit values are to be determined as in the case of mixed firing.

(6) In the case of mixed combustion plants, the emission limit values shall be determined as follows:

1.

the determination of the emission limit value for each individual fuel and each pollutant in accordance with the fuel heat output of the whole plant;

2.

Determination of the weighted emission limit values for each fuel; these values are obtained by multiplying the individual limit values in accordance with Z 1 by the heat output of each fuel and by the sum of the total values of each fuel. fuels supplied to fuels, divided;

3.

Add to the weighted emission limit values for each fuel, taking into account the relevant reference oxygen content.

Emission limit values for the partial load operation are to be determined in accordance with Z 1 to 3 with the heat quantities supplied in part-load operation with the individual fuels.

(7) By way of derogation from paragraph 6, in the case of mixed combustion plants with a fuel heat output of less than 50 MW, which do not burn or co-incinerate, the emission limit value may be determined in accordance with that fuel, which in one calendar month at least 80% of the fuel heat output of the plant.

(8) In the case of multi-fuel combustion plants, the requirements for the fuel used in each case apply.

(9) The indirect discharge of pollutants into the water may take into account the effect of a waste water treatment plant in setting the emission limit values of the installation concerned, provided that a total equivalent level of environmental protection is equivalent to: to ensure that the environment is not burdened.

(10) The emission limit values referred to in paragraph 1 of the Federal Minister for Economic Affairs, the Family and Youth shall be in agreement with the Federal Minister for Economic Affairs, the Family and Youth for installations which are not covered by any BAT conclusions as to the setting of emissions into the air. Federal Minister for Agriculture, Forestry, the Environment and Water Management to determine the state of the art by means of a regulation. Such regulations may also contain requirements relating to the nature of fuels or other equivalent parameters, to the extent that this is used to limit emissions.

(11) Where there are no emission limit values laid down in regulations for installations in accordance with paragraph 10, the Authority shall, in the framework of authorisation procedures for the operation thereof, including the establishment of the emission limit values, shall comply with the provisions of to be defined in accordance with paragraphs 1 to 10 and 12.

(12) The Appendix 3 , sections 1 and 2 shall apply to installations with a fuel heat output of 50 MW or more for the emissions of each common chimney in relation to the fuel heat output of the entire plant. Where it is provided that emission limit values may be applied to a part of an installation with a limited number of operating hours, those limit values shall apply to the emissions of that part of the plant, but shall be in proportion to the emissions of that part of the plant. The fuel heat output of the entire plant is fixed.

(13) Annexes shall in principle be carried out with heating oils whose sulphur content is the same as those laid down in Directive 1999 /32/EC on the reduction of the sulphur content of certain liquid fuels and amending Directive 93 /12/EEC, OJ L 206, 22.7.1993, p. No. OJ L 121 of 11.05.1999 p. 13, as last amended by Directive 2012 /33/EU, OJ L 175, 5.7.2012, p. No. OJ L 327, 27.11.2012, p. 1, do not exceed the limits laid down. Where heating oils with a higher sulphur content are used, appropriate measures shall be taken to ensure that concentrations of sulphur dioxide emissions from the plant are not higher than they are in complying with the limit values for sulphur content of the heating oil without such measures. If emission limit values for sulphur dioxide are required for the installation, they shall be complied with.

Special situations

§ 7. The Authority may, at the request of the operator, grant a derogation from the obligation to comply with the emission limit values for sulphur dioxide provided for in § § 6, 9, 10, 11 and 43 for a period of up to six months in the case of installations, in which, for that purpose, are normally fuelled by low-sulphur fuel if the operator is not in a position to interrupt the supply of low-sulphur fuel resulting from a serious shortage of fuel emission limit values. The Authority shall immediately inform the Federal Minister for Economic Affairs, Family and Youth of any derogation granted pursuant to this paragraph.

(2) The Authority may, at the request of the operator, grant a derogation from the obligation to comply with the emission limit values provided for in Articles 6, 9, 10, 11 and 43 in those cases where a plant in which only gaseous fuel , due to a sudden interruption of the gas supply, it is necessary, exceptionally, to depart from other fuels and, for this reason, should be equipped with an exhaust gas purification system. Such a derogation shall be granted for a period of not more than ten days, unless there is a priority need for the maintenance of energy supplies. The operator shall immediately inform the Authority of any individual case referred to in this paragraph. The Authority shall immediately inform the Federal Minister for Economic Affairs, Family and Youth of any derogation granted pursuant to this paragraph.

(3) The Federal Minister for Economic Affairs, Family and Youth shall immediately inform the European Commission of any deviation granted in accordance with paragraph 1 or 2.

Section 3

Emission limit values and equivalent parameters for installations with a fuel heat output of 50 MW or more

General

§ 8. In addition to the provisions of § 6 (1) to (6) and (8) to (12) and § 7, the provisions of § § 9 to 11 shall also apply to plants with a fuel heat output of 50 MW or more.

Altanlagen and existing installations

§ 9. (1) Emissions into the air from existing plants and existing installations, excluding waste liquials from pulp production, facilities for the regeneration of catalytic cracking catalysts, and facilities for the conversion of Hydrogen sulphide in sulphur-without prejudice to § 43, the Appendix 3 , the emission limit values laid down in Section 1 as from 1. Jänner 2016 does not exceed.

(2) For installations which have been in operation since 1. January 1992 shall not be allowed to operate any longer than the amount of fuel to be supplied to the fuel consumption of 5 000 full-load hours, shall be valid from 1 January 1992. Jänner 2016-with the exception of emission limit values for waste liquors from pulp production, facilities for the regeneration of catalysts for catalytic cracking as well as facilities for the conversion of hydrogen sulphide into sulphur-the Emission limit values of the Appendix 3 , Section 1.

(3) Altanlagen and existing installations which are not subject to an update of the permit requirements with regard to the emission limit values set out in § 43 may be subject to an annual average of 1 500 hours in the same five-year period. Operating time with emission limit values in accordance with Appendix 3 , Section 1 shall continue to be operated in accordance with the provisions of Section 10 (2), except for BVT-conclusions pursuant to § 5 (1) or regulations pursuant to § 10 (6).

(4) For existing installations and existing installations, which are operated with a limited service life in accordance with paragraphs 2 and 3, the operator must register the hours worked and report to the Authority via the issuing declaration in accordance with § 38.

New Appendixes and Update of Approvals

§ 10. The Authority shall, in the context of authorisation procedures and the updating of permit conditions, establish emission limit values to ensure that emissions into the air under normal operating conditions are those with the best are not to exceed the associated emission values as defined in the decisions on the BAT conclusions in accordance with Article 5 (1), and to take one of the two following measures:

1.

Determination of emission limit values which do not exceed the emission levels associated with the best available techniques. These emission limit values shall be set at the same or shorter periods and under the same reference conditions as the emission values associated with the best available techniques, or

2.

Determination of emission limit values, which differ from the emission limit values set out in Z 1 in relation to values, time periods and reference conditions. In this case, the Authority shall, at least annually, assess the results of the emission monitoring in accordance with § 33, in order to ensure that emissions under normal operating conditions are associated with the best available techniques Emission values not exceeded.

(2) By way of derogation from paragraph 1, the Authority may, in special cases, set less stringent emission limit values or, in the case of the updating of the permit conditions, a longer period than specified in § 43. Such derogations may only be applied where an assessment shows that the achievement of the emission values associated with the best available techniques as described in the BAT conclusions shall be taken from the following: Based on environmental benefits, reasons would lead to disproportionately higher costs:

1.

geographical location and local environmental conditions of the plant concerned; or

2.

the technical characteristics of the plant concerned.

In any event, the Authority shall ensure that no significant environmental pollution is caused and that a high level of protection is achieved for the environment as a whole.

(3) The Authority shall document the reasons for the application of the derogations provided for in paragraph 2 and the results of the analysis, as well as the justification of the conditions laid down in the Annex to the permit conditions, and the Federal Minister for Economic Affairs, Report on the family and youth at the end of the documentation. The Federal Minister for Economic Affairs, the Family and Youth reports these derogations in accordance with paragraph 2 and the results of the analysis as well as the justification of the stipulated conditions to the European Commission.

(4) The emission limit values laid down in accordance with paragraphs 1 and 2 may, with the exception of emission limit values for waste liquiders, may be used for the regeneration of catalytic cracking catalysts, as well as facilities for the production of catalytic cracking. Conversion of hydrogen sulphide into sulphur-in Appendix 3 , Section 1 and 2 shall not exceed the emission limit values laid down.

(5) The Authority shall, as part of each review of the permit conditions, carry out a re-evaluation in accordance with Section 42 (1) in accordance with paragraph 2 above.

(6) The Federal Minister for Economic Affairs, the Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, limit emission limits for emissions into the air in accordance with the criteria set out in paragraph 1 above. Regulation. Emission limit values laid down by the Authority before the entry into force of such Regulations under the authorisation procedure or the updating of permit conditions in accordance with Article 43 shall remain until the next update of permit conditions shall be unaffected.

(7) Emission limit values set out in the Regulations referred to in paragraph 6 shall be required for authorisations and for the updating of authorisations from the Authority until new BAT conclusions have been published. After the publication of new BAT conclusions, the emission limit values resulting from the new BAT conclusions are to be prescribable if they are more stringent than those in force in a Regulation which is in force before that date. are listed.

Enhancements and changes

§ 11. (1) If an installation is extended in accordance with the aggregation rule in accordance with § 2, the emission limit values laid down in accordance with § 10 shall apply to the extended part of the installation affected by the change, which limit values shall be determined in accordance with the fuel heat output of the entire plant. Installation shall be established.

(2) In the event of a change in an installation which may have an impact on the environment and a part of an installation with a fuel heat output of 50 MW or more, the emission limit values laid down in accordance with Article 10 shall apply to that part of the A plant which has been converted in relation to the fuel heat output of the entire plant.

(3) If the combustion chamber of a steam boiler is renewed or if gas turbines are replaced in the course of a change in the operation (§ 3 Z 25), the emission limit values for new plants shall apply to these parts of the installation.

3. Main piece

Approval of assets

Section 1

Requirements

General

§ 12. The operation, including the establishment or substantial modification of installations with a fuel heat output of 50 kW or more, shall be subject to approval by the Authority. The operator shall request authorisation from the Authority for the operation, including the establishment of an installation or for the establishment, including a substantial change in an installation.

Emissions and Immissions

§ 13. An authorisation in accordance with § 12 may only be granted, subject to conditions being imposed if necessary, if it is to be expected that:

1.

in the holding, the emission limit values to be set out in accordance with § § 23 and 24 shall not be exceeded and

2.

the installation shall not result in any immissions which:

a)

endanger the life or health of persons or the property or other rights of property of the neighbours, or

b)

on an unreasonable harassment of the neighbours within the meaning of Section 77 (2) of the Commercial Code 1994 (GewO 1994), BGBl. No 194, and

3.

the provisions of a regulation pursuant to § 10 of the German Immission Protection Act-Air (IG-L), BGBl, for the plant to be approved. I n ° 115/1997. If more than 35 exceedances of the daily average value for PM have already been exceeded in the area in which a new facility or an increase in investment is to be approved 10 in accordance with Appendix 1a to the IG-L or exceeding

-

of the 10 µ g/m 3 Increased annual mean value for nitrogen dioxide according to Appendix 1a to the IG-L,

-

of the annual average value for PM 10 pursuant to Annex 1a to the IG-L,

-

of the annual average value for PM 2.5 pursuant to Annex 1b to the IG-L,

-

an immission limit laid down in a regulation in accordance with Article 3 (5) of the IG-L;

-

the half-hourly average value for sulphur dioxide according to Appendix 1a to the IG-L,

-

the average daily value of sulphur dioxide according to Appendix 1a to the IG-L,

-

the half-hourly average value for nitrogen dioxide according to Appendix 1a to the IG-L,

-

of the limit value for lead in PM 10 pursuant to Annex 1a to the IG-L or

-

a limit value according to Appendix 5b to the IG-L

or if it is to be expected by the authorisation, authorisation shall be granted only if:

a)

the emissions of the installation do not make a relevant contribution to the burden of immission; or

b)

the additional contribution is limited by emission-limiting conditions to the technically feasible and economically feasible extent and the additional emissions are, where necessary, by means of measures to reduce the burden of immission, in particular: The reason for a programme in accordance with § 9a IG-L or a catalogue of measures pursuant to § 10 IG-L is sufficiently compensated, so that in a realistic scenario no further exceedances of the values mentioned in this paragraph are to be assumed in the long term, as soon as these measures have become effective.

Requirements for installations with a fuel heat output of 50 MW or more

§ 14. In addition to the provisions of sections 12 and 13 of this Regulation, authorisation may be granted for an installation with a fuel heat output of 50 MW or more, only if it is ensured that the plant is constructed, operated and abandoned in such a way, that

1.

all appropriate preventive measures against environmental pollution, in particular through the use of the best available techniques, such as technological procedures, facilities and modes of operation;

2.

For the purpose of reducing emissions into the air, energy is used as efficiently as possible, for example by equipping the steam boiler plant with a combined heat and power plant or by directing the exhaust gases of a gas turbine into a steam boiler, to the extent that: the technical and economic feasibility of this is given;

3.

the necessary measures will be taken to prevent accidents and to limit their consequences;

4.

the necessary measures with regard to possible emissions or Emission loads in air, water and soil are affected by the operation of the plant, in order to avoid the risk of pollution during the installation of the plant and in order to ensure a satisfactory condition of the plant site in the sense of the § 29;

5.

the production of waste in accordance with the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, is avoided;

6.

if waste is produced, it is prepared, recycled, recycled or recycled in accordance with the priority order and in accordance with the provisions of AWG 2002, or, if this is not possible for technical or economic reasons, , where environmental effects are avoided or reduced.

Major changes

§ 15. If an installation with a fuel heat output of 50 MW or more is substantially altered or expanded,

1.

the emission limit values shall be defined in accordance with § 11 and

2.

the authorisation shall also include the annex already approved with regard to the provisions of Section 13 (3).

Application of other administrative provisions of the Confederation

§ 16. For the approval process of plants with a fuel heat output of 50 MW or more, unless a permit pursuant to this federal law pursuant to § 32 is not required:

1.

In the case of installations for the establishment, operation or substantial modification of such installations, including under other administrative provisions of the Federal Republic, a permit to protect against the effects of the plant or to protect the appearance of the plant is required , unless otherwise specified in the following, separate authorisations shall be dispensed with in accordance with these other administrative provisions, but shall apply their substantive authorisation schemes for the purposes of the granting of the permit. The procedure shall be to assist experts in the areas covered by other administrative provisions. The authorization shall also be deemed to be approved in accordance with the other administrative provisions of the Federal Government. The co-application of the provisions of the Water Rights Act 1959 (WRG 1959), BGBl. N ° 215, refers to the following measures relating to the establishment, operation and modification of the installation:

a)

Water-removal for fire-extinguishing purposes (§ § 9 and 10 WRG 1959);

b)

Heat pumps (§ 31c WRG 1959);

c)

Waste water discharges into water bodies (§ 32 para. 2 lit. a, b and e WRG 1959), with the exception of waste water discharges from installations for the treatment of waste water collected in a public sewer system;

d)

Storage of substances which have the consequence that the groundwater is contaminated by the penetration (seepage) of substances into the soil (§ 32 para. 2 lit. c WRG 1959);

e)

Waste water discharges in water-legally approved sewerage systems.

In particular, the provisions of the 1959 WRG relating to the state of the art, including the granting of exemptions from the state of the art, personal cargo of parties, emission and immission limitations and monitoring, are in favour of this. , including the groundwater status report. The water-legal facts to be used shall be subject to a separate meeting point. If a process touches on water-economic interests, the approval advertiser has to indicate the basic features of the project even before the approval request is submitted to the water management planning body (§ 55 Abs. 4 WRG 1959).

2.

The authority referred to in Article 45 shall coordinate the authorisation procedure in accordance with Z 1 with other authorities if, in accordance with other administrative provisions not included in Z 1, an authorisation or an indication of protection against the effects of the installation or is required to protect the appearance of the installation.

3.

The administrative powers and tasks existing under other administrative provisions of the Federal Government within the meaning of Z 1 to verify the execution of the installation, control, the production of the statutory state, the security of the security, the subsequent consensual adjustment, for the introduction and implementation of measures in the case of erection, operation, modification and dismissal, the re-lending of rights of installations are only for those in Z 1 according to § 45 with regard to the WRG 1959 lit. a to lit. (e) measures referred to above. The jurisdiction of the Governor of the Land pursuant to § 17 of the Law on Waste Charges, BGBl. No 299/1989, remains unaffected. The provisions relating to general water supervision (§ § 130 et seq. WRG 1959) remain unaffected.

4.

Z 3 is related to the tasks and powers that are under the Labour Inspectorate Act 1993 (ArbIG), BGBl. No 27, which is the responsibility of the labour inspectors, should not be applied.

Section 2

Application

Application requirements

§ 17. (1) The application in accordance with § 12 are all for a comprehensive technical examination and assessment of the operation of the intended plant or equipment. the data required, plans, sketches and descriptions of the modified plant, in particular with regard to emissions into the environment, in triplicate.

(2) For installations with a fuel heat output of 50 MW or more, an application for authorisation shall contain the following information, in so far as they are not already required in accordance with paragraph 1 of this Article:

1.

the nature, purpose and size of the installation;

2.

the raw and excipients used or produced in the installation, other substances, or energy;

3.

sources of emissions from the plant;

4.

a description of the status of the plant site;

5.

where appropriate, a report on the initial state of the soil and groundwater in accordance with Article 29 (2);

6.

the nature and quantity of foreseeable emissions from the plant into any environmental medium;

7.

measures to prevent emissions, or, where this is not possible, to reduce them;

8.

a description of measures to prevent, prepare, re-use, recycle and recover the waste produced by the plant (e.g. by means of a waste management concept);

9.

the likely significant impact of emissions on the environment;

10.

other measures provided for the fulfilment of the conditions laid down in § 14;

11.

measures intended to monitor emissions;

12.

the arrangement of the sampling and measuring points;

13.

the main alternatives examined by the applicant, where appropriate, in an overview, in particular other measures to reduce emissions, for example through the efficient use of energy, including the outcome of the examination on the the feasibility of a combined production of electricity and heat or the use of the exhaust gases of a gas turbine in a steam boiler, taking into account the technical and economic conditions, including the outlets;

14.

a general, non-technical summary of the application for authorisation;

15.

measures to prevent accidents and mitigate their consequences;

16.

measures to reduce the risk of pollution caused by the emissions resulting from the operation, after the installation has been finally shut down; or to avoid emission loads in air, water and soil and to restore a satisfactory condition of the plant site;

17.

for installations with an electrical nominal output of 300 MW or more information on a check in accordance with § 28 (1).

Section 3

Public participation

Installations with a fuel heat output of less than 50 MW

§ 18. (1) The approval of an installation with a fuel heat output of less than 50 MW shall be used for:

1.

solid or liquid fuels and for heating by means of waste heat with a fuel heat output of 500 kW or more, or

2.

gaseous fuels with a fuel heat output of 2 MW or more,

, the Authority shall make the request publicly known in the municipality and in a local newspaper. Business and business secrets are to be maintained. The notice shall be given a period of six weeks within which written objections to the Authority's approval of the facility by its neighbours (Article 75 (2) and (3) of the Regulation (EC) 1994) may be submitted to the Authority. Neighbors who have raised such objections have party status.

(2) In the context of the authorisation procedure, the Authority shall, as a general rule, carry out an oral hearing. Will

1.

In any event, the Authority shall hold oral proceedings in accordance with the provisions of paragraph 1 above;

2.

If private-law objections are brought against the facility by neighbours, the negotiator shall have the effect of reaching an agreement; an agreement which may be brought about shall be recorded in a minutes on the basis of a record. Incidentally, such objections must be referred to the civil rights path.

Installations with a fuel heat output of 50 MW or more

§ 19. (1) The Authority shall have a capacity of 50 MW or more for installations with a fuel heat output of 50 MW or more

1.

a request to grant a permit for the establishment of an installation;

2.

a request to grant an authorisation for a substantial change;

3.

a charge on the updating of the permit conditions with a derogation pursuant to Article 10 (2), or

4.

a charge for the updating of the permit conditions in accordance with § 43 (7) (1) (1)

in the editorial part of a daily newspaper, widely used in the state, in a periodically published newspaper published in the community concerned and published on the Internet. The notice shall be given a period of six weeks within which the authorisation (Z 1 or 2) or the updating of the authorisation (Z 3 or 4) of neighbours (§ 75 para. 2 and 3 GewO 1994) and environmental organisations according to § 21 shall be granted. Written objections may be submitted to the Authority. Neighbours and environmental organisations, which have raised such objections, are party to the party. Where appropriate, States may participate in authorisation procedures for the establishment or substantial modification of installations in accordance with Section 20.

(2) In any event, the notice referred to in paragraph 1 shall contain the following information:

1.

a description of the information referred to in Article 17 (2) (1) to (14);

2.

an indication of the authority of the application and of the main decision-making reports and recommendations at the time of the notice to the Authority, within a given period of at least six weeks during the hours of office for inspection, and that a permit may be submitted within that period to the application or to update a permit;

3.

an indication that the decision is made with a decision;

4.

an indication that any further information relevant to the decision, which is not yet available at the time of the contract notice, will subsequently be taken up by the Authority during the authorisation procedure during the period of office for inspection;

5.

where appropriate, the need for contact and consultation in accordance with § 20.

(3) § 18 para. 2 shall be decisive for the conduct of oral proceedings.

(4) The provisions of para. 1 to 3 shall apply subject to § § 6 and 5 paragraph 2 Environmental Information Act (UIG), BGBl. No 495/1993.

Transboundary effects

§ 20. (1) Where the establishment or substantial modification of an installation with a fuel heat output of 50 MW or more could have a significant impact on the environment of another State, or if one of the effects of such a project , the Authority shall, at the latest when disclosure is made in accordance with Section 19 (1), notify that State of the project; information available on possible cross-border The effects and the expiry of the authorisation procedure shall be granted. The State shall be given a reasonable period of time for the notification as to whether it wishes to participate in the proceedings.

(2) If the State wishes to participate in the proceedings, the application documents and any other documents relevant to the decision which have not yet been submitted to the Authority at the time of the announcement pursuant to Section 19 (1) shall be forwarded to the State and shall be subject to the following conditions: to give him a reasonable period of time to deliver an opinion; this period shall be sufficient to enable the State taking part in the procedure to make the application documents available to the public and to give its opinion the opportunity to give its opinion, . Where necessary, consultations shall be held on possible cross-border effects and any measures to prevent or reduce harmful transboundary environmental impacts.

(3) The results of the investigation procedure, the main reasons for the decision, information on the public participation procedure and the decision on the application for authorisation shall also be submitted to a State participating in the proceedings. ,

(4) In the case of a procedure carried out in another State relating to the approval or substantial modification of an installation, the Authority shall proceed with the application for the purposes of Section 19 (1). Opinions received by the Authority shall be submitted by the Authority to the State in which the project to which the application for authorisation is to be submitted shall be implemented.

(5) The provisions of paragraphs 1 to 4 shall apply only to States which are not party to the Agreement on the European Economic Area, in accordance with reciprocity.

(6) Special state-contractual arrangements shall remain unaffected.

Participation of environmental organisations

§ 21. In the authorisation procedure referred to in § 12 for installations with a fuel heat output of 50 MW or more, the following environmental organisations shall also have the right to enforce compliance with environmental protection requirements in the proceedings; and To take legal action, party position:

1.

According to § 19 (7) of the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, recognised environmental organisations, in so far as they raised written objections within the time limit specified in Article 19 (1);

2.

environmental organisations from another Member State,

a)

provided that the participation in the proceedings is notified to the other State in accordance with Section 19 (1),

b)

provided that the plant subject to authorisation is likely to have an effect on that part of the environment of the other State for whose protection the environmental organisation enters into force,

c)

provided that it could participate in the approval procedures of an installation located in the other State with a fuel heat output of 50 MW or more,

d)

as far as they have filed written objections during the period of the application in accordance with § 19 paragraph 2 Z 2.

Information to the public on permits issued for installations with a fuel heat output of 50 MW or more

§ 22. (1) If an authorisation has been granted in respect of applications referred to in Article 19 (1) or for the updating of permit conditions, the authority shall have in the editorial part of a daily newspaper widely used in the state, in one in the municipality concerned published periodically, and on the Internet, to announce that the information referred to in paragraph 2 within a given period of at least six weeks at the authority of the Authority during office hours shall be announced on the Internet. Inspection. The information referred to in Section 2 (1), (2), (2), (6) and (7) shall also be made available on the Internet.

(2) The Authority shall make the following information available to the public in accordance with paragraph 1:

1.

the content of the decision, including a copy of the authorisation and subsequent updates;

2.

the reasons on which the decision is based;

3.

the results of the consultations carried out prior to the decision and their consideration in the context of the decision;

4.

the name of the BAT reference sheet, which is relevant for the installation or activity concerned;

5.

information on the determination of the permit conditions referred to in Articles 23 and 24, including the emission limit values in relation to the best available techniques and emission values associated with the best available techniques;

6.

in the case of the granting of an exception in accordance with Article 10 (2), the precise reasons for the granting of the derogation in accordance with the criteria laid down in the said paragraph and the conditions attached to it;

7.

relevant information on the measures to be taken by the operator in the final cessation of activities in accordance with § 29;

8.

the results of the monitoring of the emissions available to the Authority in accordance with the permit requirements.

(3) The provisions of para. 1 and 2 shall apply subject to § § 6 and 5 para. 2 UIG.

Section 4

Modest content

General

§ 23. (1) The Authority's decision shall be taken within three months of the date of receipt of the complete application (§ 17) or, in the case of oral proceedings, within three months of the date of the decision, but no later than six months after the date of receipt of the complete request. Application, to be raised.

(2) In any case, the communication with which the installation or substantial change is approved shall contain:

1.

the purpose and nature of the installation;

2.

the fuel types to be used (§ 3 Z 7) and the fuel heat output of the plant (§ 3 Z 10);

3.

the permitted emission limit values;

4.

the chimney height;

5.

requirements for the monitoring of emissions, including the measurement method, measurement frequency, evaluation procedures and information of the Authority;

6.

the arrangement of the sampling and measuring points;

7.

the arrangement that the completion of the installation of the Authority is to be indicated;

8.

the finding, in which case of malfunction, that the emission limit values for the air are significantly exceeded for a longer period of time within the meaning of section 36 (6), as well as provisions relating to the operation during the disturbance;

9.

in the case of installations equipped with exhaust gas purification devices, conditions to be taken in the event of a malfunction or failure of the exhaust gas purification devices;

10.

where appropriate, during periods of time in accordance with Z 8 and 9, at the authority of the Authority, to switch the operation of the steam boiler plant to other, less polluting fuels or to restrict or discontinue operations, if it is to be expected that: emissions into the air of the plant due to special meteorological conditions in interaction with local conditions are caused by immissions, which temporarily prevent the compliance of the provisions of § 13 Z 2;

11.

the obligation of the operator to provide the authority with the necessary data for the verification of compliance with the permit conditions.

Modest contents for installations with a fuel heat output of 50 MW or more

§ 24. In addition to the provisions of § 23, the communication has to be included for installations with a fuel heat output of 50 MW or more:

1.

the permitted emission limit values shall have the pollutants referred to in Appendix 1 , provided that they can be emitted from the plant in a relevant quantity, taking into account the possible leakage of pollution from one medium (water, air, soil) to another in order to ensure a high level of protection of the environment , where appropriate, other technical measures may be envisaged which result in an equivalent result; the technical characteristics of the installation concerned, its location and the local to take account of environmental conditions;

2.

if necessary, appropriate conditions for the protection of water and soil to comply with the provisions of the relevant administrative provisions in accordance with Article 16 (1) (1);

3.

Measures to be taken for other than normal or non-steady-state operating conditions exceeding those in accordance with Article 23 (2) (8) and (9), including starting, unintended leakage of substances, disturbances, short-term deferral, and the final decommission the plant in an appropriate manner, in so far as a hazard to the environment could be associated with it;

4.

Conditions beyond the BAT conclusions, where and in so far as this is necessary in order to prevent the crossing of an immission limit laid down in European Union law;

5.

Determination of the periods of arrival and departure in accordance with section 6 (2);

6.

where necessary, conditions for the most extensive reduction of long-range or transboundary pollution;

7.

the requirement that in cases where § 10 (1) (2) applies, the results of the said emission monitoring must be available for the same time periods and reference conditions as for those with the best available techniques associated emission values;

8.

the obligation for the operator that in cases where § 10 (1) (2) (2) applies, the Authority shall provide a summary of the results of the emission monitoring, which shall include a comparison with the best available techniques Emission values shall be provided annually;

9.

for installations with a rated electrical power of 300 MW or more, where appropriate, in accordance with § 28 (5);

10.

where appropriate, requirements for compliance with the requirements for decommissioning of an installation pursuant to § 29.

Section 5

Specific procedural provisions

General

§ 25. (1) If the installation of the installation does not commenced within five years of the grant of the permit, it shall not enter into force. The time limit shall be extended by the Authority for a maximum of two years on the basis of an application submitted before the expiry of the period, if it so requires the nature and scope of the project.

(2) After approval of the installation, if the interests to be perceived in accordance with § § 13 and 14 are not sufficiently protected in spite of compliance with the conditions laid down in the approval decision, the Authority shall have other or additional interests to prescribe conditions. The Authority shall not prescribe such conditions if they are disproportionate, in particular where the expenditure associated with the fulfilment of the obligations is disproportionate to the success of the obligations. In particular, account shall be taken of the nature, quantity and hazards of the emissions from the installation and of the immissions it causes, as well as the duration of use and the technical characteristics of the installation. For the benefit of persons who have become neighbours only after the installation has been approved, such conditions shall be required only in so far as they are necessary to avoid endangering the life or health of such persons.

(3) installations or parts of installations may be constructed and operated before the entry of the legal force of the approval certificate, if the conditions of the installation and the operation of the installation are complied with. This right shall end at the latest, however, three years after notification of the approval certificate to the approval advertiser. The use of this right shall be excluded if, in the light of the specific situation of the individual case, the reasons for the appeal are to be deducted from the danger of life, in spite of compliance with the conditions laid down in the contested decision. or health is to be expected.

(4) If the authorisation is revoked by a recognition of the Administrative Court, the approval advertiser shall continue to operate the installation in question until the legal force of the replacement modest, but not more than one year, if he/she does not in accordance with the repealed permit. This does not apply if the administrative court had granted the suspensive effect in its proceedings.

(5) The Federal Minister for Economic Affairs, the Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, lay down more detailed provisions on the approval of certain types of plant by means of a regulation.

Experimental operation

§ 26. The Authority may, within the framework of an authorisation procedure as referred to in Article 12, subject, where necessary, under certain appropriate conditions or conditions, prior to the approval of the establishment, operation or a substantial change in the Annex, or parts of this installation, the necessary preparatory work (e.g. test operation) or the operation of an installation for the purpose of development measures, testing of new processes or technologies, if:

1.

necessary for the preparation of the project preparatory work, or

2.

the existence of the result of certain preparatory work is essential for the decision of the Authority;

and it is to be assumed that the installation and operation of the plant will be permitted under certain conditions, conditions or deadlines. In order to carry out the preparatory work, an appropriate period of not more than two years shall be set in the permit from the date on which the preparatory work is actually commenced. The authorization shall also be deemed to be a corresponding authorisation or non-refusal in accordance with the provisions for the preparatory work to be carried out in accordance with § § 13 and 16 of this Regulation. A separate legal remedy is not admissible against the authorisation. Only the applicant shall have a party position.

(2) The Authority shall, on the basis of an application submitted before the expiry of the period, extend the period referred to in paragraph 1 for a reasonable period of time if, due to the use of new technologies, the completion of the project is unforeseen. Difficulties arise. The time limit for the operation of the plant shall not exceed seven years.

Future techniques

§ 27. The Authority may, for a total period of not more than nine months, for installations with a fuel heat output of 50 MW or more, temporary derogations from the requirements set out in § § 9, 10, 11 and 43 for the testing and application of Future techniques subject to the requirement that, after the specified period, the application of the technology concerned shall be terminated or that at least the emission levels associated with the best available techniques shall be reached within the framework of the activity .

(2) Progress in the development and application of future techniques shall be submitted to the Federal Minister for Economic Affairs, Family and Youth, following necessary documentation no later than 6 months after the expiry of the period granted in accordance with paragraph 1. to report.

Geological storage of carbon dioxide

§ 28. (1) The application for the first authorisation of an installation with a nominal electrical power of 300 MW or more, shall contain, in addition to the documents referred to in § 17, a verification of whether the following conditions are met: are:

1.

Availability of appropriate geological storage sites for CO 2 ;

2.

technical and economic feasibility of transport systems for CO 2 ;

3.

technical and economic feasibility of a retrofit for the CO 2 -deposition.

(2) Co-deposition and compression of CO 2 shall be directly connected to the installations in accordance with § 1 (1).

(3) On the basis of the review referred to in paragraph 1 and other available information, in particular with regard to the protection of the environment and human health, the Authority shall decide whether the conditions referred to in paragraph 1 (1) to (3) for a CO deposition and compression facility 2 are fulfilled.

(4) Where the conditions set out in paragraphs 1 (1) to (3) are fulfilled, the Authority shall, in accordance with the authorisation procedure referred to in Article 23, specify that appropriate space for a facility is available on the premises of the applicant. Capture and compression of CO 2 shall be provided.

(5) If the conditions set out in paragraphs 1 (1) and (3) are not fulfilled, this shall not constitute a reason for the authorisation and shall not contain any decision in accordance with paragraph 4 in the authorisation procedure.

Decommissioning

§ 29. (1) Without prejudice to the provisions of § 30c WRG 1959 in conjunction with QZV Chemie GW, the Authority shall establish permit conditions in order to ensure that the provisions of paragraphs 4 to 6 are complied with in the event of a definitive cessation of activities. .

(2) Where relevant hazardous substances (§ 3 Z 16) are used, produced or released in the course of an activity, the operator shall, in view of possible pollution of the soil and groundwater on the site of the plant, report on the Submit the initial state and submit it to the authority with the application in accordance with § 17 para. 2 or at the latest on the occasion of the updating of the permit conditions in accordance with § 43.

(3) Without prejudice to the provisions of the WRG 1959, the report on the initial state shall contain the information necessary to determine the level of soil and groundwater pollution so as to ensure that a quantified comparison with the the state of the final cessation of the activities referred to in paragraph 4 can be carried out. The initial state report must contain at least the following information:

1.

information on the current use and, if available, on the earlier use of the site;

2.

where available, existing information on soil and groundwater measurements which reflect the condition at the time of preparation of the report or, alternatively, new ground and groundwater measurements with regard to the possibility of: Pollution of soil and groundwater by the dangerous substances used, produced or released by the installation concerned.

Where information drawn up in accordance with other national legislation or legislation of the European Union meets the requirements of this paragraph, such information may be included in the report to be submitted on the The initial state is recorded or added to it.

(4) In the event of a definitive cessation of activities, the operator shall assess the level of soil and groundwater pollution caused by relevant hazardous substances used, produced or released by the plant. Where the installation has caused significant soil or groundwater pollution with relevant hazardous substances compared with the state indicated in the report on the initial condition referred to in paragraph 2, the operator shall have the necessary information to: To take measures to eliminate this pollution in order to return the site to the initial condition referred to in paragraph 2. For this purpose, the technical feasibility of such measures may be taken into account.

(5) Insofar as the pollution of soil and groundwater on the site constitutes a serious threat to human health or the environment as a result of the approved activities carried out by the operator before the authorisation for the plant has been updated for the first time in accordance with § 43, the operator shall, in the event of a definitive cessation of the activity, be without prejudice to paragraph 4 and taking into account the description of the condition of the plant site (section 17 para. 2 Z 4) for the grounds of the Annex the necessary measures for the elimination, prevention, control or reduction of relevant hazardous substances, so that the site, taking into account its current or authorised future use, does not pose any risk to such a hazard.

(6) If the operator is not obliged to draw up a report on the initial state in accordance with paragraph 2, he shall, in the final cessation of the activities, take account of the description of the state of the plant site (Section 17 (2) Z). 4) to take the necessary measures for the site of the facility to eliminate, prevent, curb or reduce the relevant hazardous substances in order to ensure that the site is used in the light of its present or approved future use no serious risk to human health or to the environment as The result of pollution of soil and groundwater by the approved activities is more.

6.

display method, approval case

Approval exemption

§ 30. For assets for

1.

Heating oil extra light, heating oil light or

2.

commercial liquid gases propane and butane as well as mixtures thereof; or

3.

Natural gas, which corresponds to a natural gas with which natural gas pipeline systems according to Gaswirtschaftsgesetz 2011 (GWG 2011), BGBl. I n ° 107,

with a fuel heat output of less than 1 MW, without prejudice to the provisions of § 32, the obligation to obtain the approval pursuant to § 12. However, such installations must be visited by an expert in accordance with § 34 para. 2 before they are put into service. The findings of this survey shall be submitted to the Authority. A second copy of the findings shall be the responsibility of the operator of the facility to which it is to be retained by the Authority at the time of the present inspection. If, on the basis of the evidence, the installation does not comply with the provisions of this Federal Act and of the regulations adopted pursuant to it, the Authority shall act in accordance with the provisions of Section 33 (6) and (7).

Subsequent changes

§ 31. (1) Changes in the operation (§ 3 Z 25) shall be notified to the Authority by the operator no later than four weeks before. The Authority shall be notified of such notification after two months at the latest, which shall form an integral part of the approval certificate. If necessary, the Authority shall, in the notification of knowledge, issue certain appropriate conditions for the fulfilment of the requirements laid down in § § 13, 14, 23 (2) and (24) and in the administrative provisions to be followed in accordance with Article 16. If the conditions under this Federal Act are not fulfilled for the display, the Authority shall prohibit the measures or activities which are the subject of the notification.

(2) The conditions prescribed in the notice of approval shall be waived or amended upon request, if and to the extent that the conditions for their pre-writing are no longer available.

Approval under other legislation

§ 32. In the case of installations which require a permit to be set up, put into service or change in accordance with the commercial, mountain or waste management regulations, a separate authorisation is not required in accordance with the provisions of § § 12 to 29, however, the substantive provisions of that law shall apply to the granting of the authorisation concerned. Such a permit shall also be deemed to be an authorisation within the meaning of § 12.

4. Main piece

Monitoring

General

§ 33. (1) The installations in operation

1.

for solid or liquid fuels and for heating by means of waste heat with a fuel heat output of more than 100 kW or

2.

for gaseous fuels with a fuel heat output of more than 600 kW

in respect of their emissions into the air, shall be periodically monitored by experts or bodies to be elected, hereinafter referred to as experts, by the operator from the list referred to in Article 34 (4). The monitoring shall include an annual survey of the plant and its components, insofar as they are relevant to the emissions or their limitation, together with the control of existing measurement results or measurement registrations, and Emission measurements according to § 35 (2) and (5).

(2) The experts referred to in Article 34 (2) shall issue written evidence of the verifications carried out and their results and submit them to the operator within three weeks after the verification has been completed. The annually updated validated environmental statements of operators of an environmental management system and environmental audit system in accordance with § 34 paragraph 6 are equivalent to the written findings of the experts. The operator shall keep the findings for inspection by the authority for at least three years. The findings shall be submitted or communicated to the Authority at its request. Findings for installations with a fuel heat output of 50 MW or more shall be transmitted by the operator without delay to the Authority by electronic means. Findings from the Authority as sufficiently evaluated, supplemented, where appropriate, with notifications in accordance with paragraph 5, may be used as reports on the on-site inspection of air pollution control in accordance with the environmental inspection plan in accordance with Article 39 (2) . The Authority shall, within four months of the on-the-spot inspection, make available the assessed findings, if appropriate in summary form, by electronic means. The Federal Minister for Economic Affairs, the Family and the Youth has to regulate the content, form and provision of the findings in more detail by means of a regulation.

3. The experts shall be subject to secrecy concerning all business and trade secrets which have become known to them in the performance of their duties, in particular the facilities, procedures and peculiarities referred to them as secret services. of the establishments. However, they shall provide information to the Authority or the Federal Minister for Economic Affairs, Family and Youth on their activities and on the fulfilment of the requirements applicable to them.

(4) If, due to complaints or affixing of neighbours, official perceptions, assessment of findings or structural or procedural changes to the approved plant, the Authority considers an additional review to be necessary, it shall: , the Commission shall, within six months, carry out a review to the operator, with the assistance of an expert, in the appropriate application of paragraph 2, or to carry out the verification itself.

(5) In the case of the checks, deviations from the consenient state of the installation and the consenient state cannot be established immediately, the expert shall inform the authority immediately.

(6) If the emissions of the installation exceed the limit values set, and

a)

endanger the life or health of persons or the property or other rights of property of their neighbours, or

b)

to an unreasonable annoyance of the neighbours within the meaning of section 77 (2) of the WCO 1994,

the authority shall inform without delay that the operation of the installation shall be restricted or terminated until the proper operation is resumed. An appeal against such a decision does not apply to a suspensive effect.

(7) In all cases other than those specified in paragraph 6, the Authority shall have to grant a reasonable period within which the consenient state of the installation must be established. If this arrangement is not complied with within the prescribed period, it is appropriate to proceed in accordance with the provisions of paragraph 6.

(8) The Authority shall order the decommissioning of the facility with notification if the operator or his/her pursuant to § 9 Verwaltungsstrafgesetz 1991 (VStG), Federal Law Gazette (BGBl). No. 52, responsible persons in spite of several times, however, at least three times in accordance with § 44, continue to violate the statutory provisions specified therein.

(9) The Authority shall monitor compliance with the provisions of paragraph 1. The operator shall notify the Authority of the date of inspection of an installation with a fuel heat output of 50 MW or more, no later than four weeks in advance, and to allow the Authority to participate in the survey. In the case of installations with a fuel heat output of 50 MW or more, the Authority may carry out on-the-spot inspections and non-routine environmental inspections in accordance with the environmental inspection plan in accordance with Section 39 (2) with regard to air pollution control. Within four months of the on-the-spot survey, written findings shall be drawn up using the Regulation referred to in paragraph 2 and shall be made accessible by electronic means.

(10) In the case of installations with a fuel heat output of 50 MW or more, the monitoring of emissions in water and soil shall be determined in accordance with the relevant administrative provisions in force.

Requirements for experts

§ 34. 1. The experts shall certify to the operators of installations in writing that they comply with the requirements set out in paragraphs 2 to 4 in relation to the plant to be monitored.

(2) Experts shall be the following persons or entities, which additionally meet the requirements of paragraphs 3 and 4:

1.

Accredited bodies in accordance with the Accreditation Act 2012 (AkkG 2012), BGBl. I No 28, in accordance with the scope of its accreditation;

2.

Civil engineer of relevant authority;

3.

Technical offices/engineering offices of the relevant specialist field;

4.

Operators of steam boiler installations, provided that they are authorized to carry out such inspections (§ 33); only for steam boiler installations with a fuel heat output of 10 MW not exceeding the fuel heat output;

5.

Experts referred to in paragraph 5.

(3) Experts and/or their responsible bodies shall comply with additional requirements for the exercise of surveillance activities, provided that the necessary equipment and expertise are available for the respective measurements and investigations, at least one-year experience in the field of relevant analysis, there are no conflicts of interest, in particular there is no dependency relationship with the plant operator or owner, only validated measurement methods are used, a the quality system is set up and the measurements and Monitoring results can be documented in a comprehensible way. For the monitoring of installations with a fuel heat output of not more than 10 MW, quality assurance measures shall be sufficient instead of a quality assurance system. The quality assurance systems or the quality assurance measures shall take into account, in order to carry out the measurements, the appropriate national transposition of CEN or ISO standards and national standards (in this order).

(4) The experts shall certify to the Federal Minister for Economic Affairs, Family and Youth the fulfilment of the requirements laid down in paragraphs 2, 3 and, where appropriate, 5, and shall inform the Federal Minister for Economic Affairs, Family and Youth on the date of the exercise of the monitoring activity. The Federal Minister for Economic Affairs, the Family and Youth has a list of experts and has to publish the list in a suitable form. If an expert is responsible for the exercise of the monitoring activity, he shall inform the Federal Minister for Economic Affairs, Family and Youth immediately.

(5) The provisions of paragraphs 1 to 4 shall also apply to experts of a Member State of the European Union or of any other State party to the EEA Agreement, BGBl. No. 909/1993. These experts must be familiar with the relevant provisions of this Federal Law and must be recognised by the State in their Member State for similar activities.

(6) The operator of an installation shall comply with his obligation pursuant to Section 33 (1), even if:

1.

an environmental management system and an environmental audit system in accordance with Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing the Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC, OJ L 145, 31.6.2001, p. No. OJ L 342, 22.12.2009, p.1.,

2.

the environmental audit documents are not older than three years,

3.

the environmental audit records show that the conformity of the plant with the approval certificate has also been verified within the framework of this assessment; and

4.

The supervision in accordance with § 33 shall be carried out by suitably qualified personnel or bodies within the meaning of paragraph 3, which must be demarcated within the enterprise.

(7) Further provisions concerning the requirements for experts as well as the written confirmation in accordance with paragraph 1 may be taken by the Federal Minister for Economic Affairs, Family and Youth with a Regulation.

(8) By way of derogation from paragraphs 1 to 6, the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, may use the waste for steam boiler plants which use waste. To take account of case-specific tasks, to identify other experts and to meet specific requirements for them by regulation.

(9) Experts who are in accordance with Section 14 (2) of the Emissions Protection Act for boiler plants (EC-K), BGBl. I No 150/2004, have the power to exercise their duties, in accordance with Section 33 of this Federal Law, in accordance with their authority.

Emission measurements

§ 35. (1) The provisions of para. 2 to 6 shall lay down provisions relating to measurements of emissions into the air. Requirements for the measurement of emissions in water and soil for installations with a fuel heat output of 50 MW or more shall be governed by the provisions laid down for this purpose (§ 16).

(2) The Authority shall determine, in the notification of approval, in accordance with paragraph 6 of this Regulation, whether and to what extent removal measurements and recurrent or continuous emission measurements shall be carried out at the plant. Emission measurements shall also be carried out if the expert has reason to believe, on the occasion of a review pursuant to § 33, that the emission limit values to be complied with shall be exceeded in operation.

(3) In the case of the approval of preparatory work (e.g. of an experimental operation), the Authority shall, within the framework of the preparatory work, carry out acceptance measurements of all those emissions for which limit values are to be provided in accordance with § § 23 (2) and (24) in the approval decision. , Acceptance measurements can be omitted if the safe proof of compliance with the limit values can be carried out elsewhere.

(4) In the case of installations with a fuel heat output greater than 2 MW, for which no continuous emission measurements are required and which are equipped with electrical separators, filtering separators or wet-working separators, the for the separation function, to subject relevant quantities to a continuous measurement with data recording.

(5) In the case of installations with a fuel heat output exceeding 1 MW, at least every five years, without prejudice to the provisions of section 33 (1) and (4), at least every five years, at least one fuel heat output of more than 2 MW shall be at least every three years, measurements of those emission values for which limit values are prescribed by an expert.

(6) The Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, shall take the necessary measures to implement the emission measurement of emissions into the air. More detailed rules, in particular on the measurement procedures to be applied, including their calibration and documentation, the arrangement of sampling and measuring points, the validation of the measured values, and the assessment of compliance with the Emission limit values by Regulation.

(7) Measurement reports and findings on emission measurements in accordance with para. 2 to 6 shall be used in cohesiveness with the monitoring in accordance with § 33 as proof of compliance with the relevant permit conditions in accordance with the environmental inspection plan in accordance with § 39 (2) with regard to air pollution.

5. Main piece

Obligations of the operator

General

§ 36. (1) Each operator of an installation shall have for its proper operation and compliance with the limit values for the emissions laid down in this Federal Act, the implementing regulations which have been adopted in this respect and in the approval decision, for which: To ensure compliance with any requirements made in the approval certificate and to ensure that all equipment is properly maintained and continuously monitored with respect to its function.

(2) The operator of an installation shall arrange for the inspection of the installation in accordance with § 33 (1), the emission measurements according to § 35 and, if necessary, the inspection in accordance with § 30 in due time. It shall bear the cost of the inspections, emission measurements and the inspection.

(3) The operator shall allow the authority or experts responsible for this purpose to enter the plant during the period of operation and to grant access to all records relating to the emissions of the installation, which shall be in a plant book are to be combined.

(4) The operator shall immediately notify the Authority of any disturbance with a significant excess of the emission limit values (§ 23 para. 2 Z 8).

(5) The failure of exhaust gas purification equipment, which is likely to not be remedied within 24 hours, shall be reported to the Authority without delay, at the latest within 48 hours.

(6) In the course of the operation of the plant, if there are disturbances which cause the permissible emissions to be exceeded, the operator shall immediately arrange for the disturbance to be corrected. If it is foreseeable that the disturbance significantly exceeds the prescribed emission limit values for more than 24 hours, the operator shall immediately restrict or interrupt the operation of the installation or to reduce the number of harmful substances to the plant. To convert fuels. If an exhaust gas purification system is present, the entire duration of the operation of the installation without a functional exhaust gas purification system within a 12-month period shall not exceed 120 hours.

(7) By way of derogation from paragraph 6, the Authority may, on a case-by-case basis, the deadline of 24 hours, taking into account the immission situation. 120 hours, where the Authority considers that there is a priority need for the maintenance of energy supply, or the installation in which the failure of the exhaust gas purification system has occurred for a limited period of time would be replaced by another plant that would cause an overall increase in emissions.

(8) By way of derogation from paragraphs 6 and 7, the Federal Minister for Economic Affairs, Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, separate the waste from the steam boiler plants. Meet the requirements of the Regulation.

(9) Where an installation is finally shut down, the operator of the authority shall inform the authority of the measures taken or provided for in accordance with § 29.

Noise measurements

§ 37. (1) The operator of an installation with a fuel heat output of 50 MW or more, which is located in a conurbtion room according to § 3 (3) of the Federal Environmental Noise Protection Act (Bundes-noise G), BGBl. No 60/2005, with a population of more than 250 000, has until at least four weeks after the final approval of this facility or after the final approval of a substantial change in this Annex to the Authority's Annex to the Annex to this Annex to report noise emissions (related to the noise source and the plant boundary) and their sources. The authority has to examine the notifications for plausibility and to forward it immediately to the Federal Minister for Economic Affairs, Family and Youth.

(2) The operator of an installation with a fuel heat output of 50 MW or more, which is located in a conurbary area according to § 3 (3) of the Federal Government Noise Act with more than 100 000 inhabitants, has until at least four weeks after the final approval in this Annex, or following the final approval of a substantial change in this Annex to the Authority, to report the noise emitted by that installation (in relation to the noise source and the plant limit) and its sources. The authority has to examine the notifications for plausibility and to forward it immediately to the Federal Minister for Economic Affairs, Family and Youth.

(3) The noise emissions from an installation with a fuel heat output of 50 MW or more are as L the (day-evening-night-noise) and as L Night (Night noise), as defined in the Regulation according to § 11 of the Federal Government Noise Act, to be specified at the plant limit. The indication of the respective value is required only for those points of the plant limit at which the L the the value of 55 dB, A-evaluated, and/or or the L Night the value of 50 dB, A-rated, reached or ; otherwise, the reasoned indication shall be sufficient for the L the the value of 55 dB, A-evaluated, and/or or the L Night The value of 50 dB, A-is less than 50 dB. At the request of the Authority, the additional sound technical information required for the propagation calculation (zB sound power level, sound pressure level, emission points and information on the installation site) shall be available. to indicate relevant sound barriers).

Declaration of emissions

§ 38. The operator of a plant operating in operation whose fuel heat output exceeds 2 MW shall, on an annual basis, submit an emission declaration to the Authority on the emissions performance of this plant by electronic means. By way of derogation, this obligation shall apply only from a fuel heat output of 10 MW or more for installations which are operated with the fuels listed in § 30 Z 1 to 3. In the case of installations according to § 9 (2) and (3) the emission times shall be given separately. In the case of installations with a fuel heat output of 50 MW or more, the results of the monitoring (§ 33) must also be indicated.

(2) The Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has, by means of a Regulation, the content, scope, form, delivery address and date of delivery of the Emission declaration, the procedure to be followed in the determination of emissions, as well as the content and form of the plant's book.

(3) The Authority shall, upon request, notify the data of the issuing declaration to the authorities responsible for the enforcement of the laws of the Federal Republic of Germany on the field of air pollution control. Data which makes it possible to draw conclusions on commercial or commercial secrets shall not be published without the consent of the operator. The provisions of the Information Obligations Act, BGBl. No 287/1987, the Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999 and the UIG shall not be affected by this.

(4) The Authority shall examine the proposed emission declarations within three months of their inclusion in the completeness and plausibility of the information.

(5) The Umweltbundesamt GmbH has to fulfil its tasks in accordance with Section 6 (2) of the German Environmental Control Act (Environmental Control Act), BGBl. I n ° 152/1998, a right of access to the proposed emissions declarations.

6. Main piece

Requirements under other federal legislation

Measures taken at the end of 1994

§ 39. (1) For installations in which the dangerous substances referred to in Appendix 5 (5) of 1994 shall be operated at least in one

1.

in Annex 5, Part 1, column 2 and part 2, column 2, of 1994, or

2.

in Appendix 5, Part 1, Column 3 and Part 2, Column 3, Part 1, 1994

, the provisions of § § 84a to 84f GewO 1994 as well as a regulation adopted pursuant to Section 84d (7) of the Ordination in 1994 are to be applied.

(2) For environmental inspections carried out in accordance with the Industrial Emissions Directive, the provisions relating to environmental inspections of the WOs of 1994 shall be applied without prejudice to sections 33 and 35 of this Directive.

Measures according to the IG-L

§ 40. The Authority shall, if necessary, apply to the operator of an approved plant situated in a redevelopment area affected by orders of a Regulation in accordance with § 10 IG-L, in order to comply with those arrangements within a to submit a refurbishment concept for the plant at the appropriate time required for this purpose. Where this is appropriate for the performance of the arrangements, the Authority shall inform the plant operator in the course of its approval of the remediation, subject to certain conditions, if necessary, the implementation of the approved remediation. to apply within the period of remediation resulting from the regulation in accordance with § 10 IG-L or from the programme pursuant to § 9a IG-L.

Incineration of waste

§ 41. (1) § § 9 and 10 shall not apply to steam boiler plants which burn or co-incinerate waste in accordance with the provisions of the AWG 2002. This does not include installations in which only waste according to § 3 Z 9 lit. b burned or co-incinerated.

(2) Regulations or regulations relating specifically to installations in which waste is incinerated or co-incinerated shall, as a matter of priority, be subject to regulations or regulations which are generally applicable to installations.

7. Main piece

Adaptation to the best available techniques

Review of permit conditions

§ 42. (1) installations with a fuel heat output of 50 MW or more are, after the publication of new decisions on BAT conclusions in accordance with Article 5 (1), a review by the Authority and, where appropriate, an update of their Subject to the provisions of section 43, permit conditions to be applied.

The operator shall, on request, provide the Authority with all the information necessary for the review of the permit conditions, in particular the results of the emission monitoring and any other data which it provides for a comparison of the operation of the plant with the to the best available techniques as described in the applicable BAT conclusions and with the best available techniques for the transmission of associated emission values.

(3) The Authority shall use the information obtained in the course of the monitoring (§ 33) and with the emission declaration (§ 38) for the review of the permit conditions.

Update of permit conditions

§ 43. (1) Plants with a fuel heat output of 50 MW or more shall, within four years of the publication of new decisions on BAT conclusions pursuant to Article 5 (1), have the relevant best practice as defined in the main activity of the installation of the available techniques.

The operator of an installation shall, in the event of a change in the best available techniques relating to its installation, be examined within one year and the Authority shall:

1.

to report and indicate that its annex is already in accordance with the new BAT conclusions, or

2.

to present adaptation measures to be taken.

Under the conditions set out in Section 10 (2), the operator may apply for adaptation measures or a longer adjustment period from the BVT conclusions.

(3) The Authority shall ensure that the measures provided for or implemented by the operator are:

1.

all permit conditions for the installation in question shall be reviewed and, if necessary, updated to ensure compliance with § 10;

2.

the installation in question complies with these permit conditions.

(4) The review referred to in paragraph 3 shall take into account any new or updated BAT conclusions valid for the installation concerned and new or updated since the date of issue or last review of the permit.

Within six months of the notification of the operator referred to in paragraph 2, the Authority shall, in addition to the permit requirements, have either notified the new BVT of the new BAT conclusions, in addition to the permit requirements of its own authority. , or to adopt the measures corresponding to the new BAT conclusions.

(6) Where an installation is not covered by a BAT conclusions, the permit requirements shall be reviewed and, if necessary, updated if developments in the best available techniques result in a significant reduction in emissions. .

(7) The permit conditions shall be reviewed and, if necessary, updated, at least in the following cases:

1.

The pollution caused by the plant is so strong that the emission limit values set out in the permit must be verified or new emission limit values must be provided for in the permit;

2.

operational safety requires the use of other techniques;

3.

the implementation of a new or revised environmental quality standard in the IG-L.

8. Main piece

Criminal provisions and enforcement

Criminal provisions

§ 44. (1) An administrative surrender shall be convicted and, if the act or omission is not threatened with stricter penalty under other provisions, shall be fined by the District Administrative Authority.

1.

up to EUR 1 000 to punish those who do not comply with the obligations laid down in § 9 (2) to (4), § 31 (1), § 33 (9), § 36 (1) to (6) and (9), § 37 (1) and (2) or § 38 (1); a violation of the provision of § 36 (6) shall apply to: steam boiler installations with less than the fuel heat output referred to in Article 33 (1) are not punishable;

2.

up to 4 000 euros to punish who

a)

a refurbishment concept in accordance with § 40, or

b)

a report pursuant to Article 29 (2) and (3), or

c)

Information pursuant to § 42 (2), or

d)

reports or representations of adaptation measures pursuant to section 43 (2), or

e)

as expert findings to the Authority in accordance with § 30 or § 33 (5), or

f)

as operator, findings to the Authority pursuant to § 33 (2)

shall not be submitted or not submitted in due time;

3.

up to 8 000 euros to punish who

a)

the emission limit values laid down for the installation in accordance with § 6 para. 13, § 9, § 23 para. 2 Z 3, § 24 Z 1, § 25 para. 2, § 26 para. 1, § 27 para. 1, § 31 para. 1, or

b)

its installation cannot be monitored in accordance with § 33 (1) or § 35 (4), or

c)

Bids or prohibitions of regulations issued pursuant to § 4 (4) or § 6 (10) or which are in accordance with the provisions of § 6 para. 11, § 23 para. 2 Z 1, 2, 4 to 11, § 24 Z 2 to 10, § 25 para. 2, § 26 para. 1, § 27 para. 1 or § 36 para. 7 shall not comply with the requirements laid down, or

d)

a monitoring activity contrary to the provisions of section 33 (2), (3) or (5), § 34 (1) to (6) applies, or

e)

Installations are not constructed, equipped or operated in accordance with the requirements of § 4 (1) to (3), or

f)

Installations according to § 30 shall not be inspected by an expert prior to their entry into service, or

g)

other than the above-mentioned bids or prohibitions of this Federal Act or of the regulations or acts adopted on its basis, but if this does not increase the damage to the neighbours by emissions, than this if the bids or prohibitions are complied with, the maximum penalty shall be EUR 800;

4.

to punish up to 40 000 euros, who

a)

establishes, substantially amends or operates an approved plant without the necessary authorisation in accordance with § 12, § 25 (2) to (4) or § 26 (1), or

b)

Measures pursuant to § 29 (4) to (6) shall not be carried out;

c)

change or operate an approved plant without notification in accordance with § 31, or

d)

a contract awarded in accordance with § 40 shall not be followed or shall not be complied with within the time limit, or

e)

an installation does not fit in accordance with the requirements of § 43.

(2) § 367 Z 25, 55, 56 and 57 GewO 1994 shall apply to violations of the provisions of Section 39 (1), unless the act is threatened with a more stringent penalty after another provision.

Authorities

§ 45. The authority of the first instance in the sense of this federal law is the district administration authority. In the case of installations subject to industrial, mountain or waste law provisions, the authority within the meaning of this Federal Law shall be the competent authority in accordance with these provisions.

Enforcement

§ 46. With the enforcement of this federal law is

1.

as regards § § 4 (4), 6 (10), 10 (6), 25 (5), 34 (8), 35 (6), 36 (8) and 38 (2) of the Federal Minister for Economic Affairs, the Family and Youth in agreement with the Federal Minister for Agriculture, Forestry, the Environment, and water management,

2.

with regard to § § 32 and 45 of the Federal Minister for Economic Affairs, Family and Youth respectively the Federal Minister for Agriculture, Forestry, the Environment and Water Management, each within its sphere of action,

3.

Moreover, the Federal Minister for Economic Affairs, the Family and Youth

.

9. Main piece

Final provisions

entry into force

§ 47. This federal law shall enter into force with the day following the customer's presentation.

Override

§ 48. (1) The German Emissions Protection Act (ETS), Federal Law Gazette (BGBl). I No 150/2004, as last amended by BGBl. II No 153/2011, without prejudice to paragraph 5, shall not enter into force on the day of the presentation of this law.

(2) The Air Pollution Control Law for boiler plants (LRG-K), BGBl. No 380/1988, as last amended by BGBl. I No 150/2004, shall expire on 31 December 2013.

(3) The Air Control Ordinance for boiler plants in 1989 (LRV-K), BGBl. No. 19/1989, as last amended by BGBl. II No 153/2011, without prejudice to paragraph 6, shall not enter into force on the day of the presentation of this law.

(4) The Regulation on special licensing requirements for installations with a nominal electrical power of 300 MW or more, BGBl. II No 231/2011, shall not enter into force on the day of the presentation of this law.

(5) With regard to installations with a fuel heat output of 50 MW or more for the installations before the 7. In January 2013, a permit has been issued or for which a full application for authorisation has been submitted by its operators before that date, and at the latest by the 7. The provisions of the EC-K, BGBl, will be put into operation in January 2014. I No 150/2004, up to 7. January 2014; § 24 (4), (5) and (7) shall be applied until 31 December 2015.

(6) With regard to the provisions of section V (emission limitation) and the provisions of section VI (chimney heights), the LRV-K shall be applied to installations with a fuel heat output of less than 50 MW by 31 December 2015.

Retributions

§ 49. (1) The Waste Incineration Ordinance (AVV), BGBl. II No 389/2002, as last amended by BGBl. II No 476/2010, as far as they are based on the provisions of the EC-K, BGBl. No 150/2004, has been passed until the entry into force of a regulation replacing it in accordance with § § 4 (4), 6 (10), 10 (6), 25 (5), 34 (7) and 8, 35 (6), 36 (8) and (38) (2) as federal law.

(2) The emission measurement regulation-air (EMV-L), BGBl. II No. 153/2011, continue until the entry into force of a regulation replacing it in accordance with Section 35 (6) as federal law.

(3) The German Emissions Ordinance (EEV), BGBl. II No. 292/2007, until the entry into force of a regulation replacing it, as per § § 33 (2), 34 (7), 35 (6) and 38 (2) as federal law, the following applies.

Existing approvals

§ 50. (1) The authorisations existing at the time of entry into force of this Act shall remain without prejudice to the Regulations and Articles 9, 40 and 43 of this Act, which are based on the provisions of § § 4 (4), 6 (10), 10 (6) and 35 (6) and (6) (6). upright.

(2) At the time of the entry into force of this Federal Act, procedures which have not yet been completed shall be continued in accordance with the provisions of this Federal Law.

References

§ 51. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied in their respectively applicable version.

(2) Where reference is made in other federal laws and regulations to the provisions of the EC-K, the relevant provisions of this Federal Law shall be replaced by the provisions of this Federal Law.

Linguistic equality

§ 52. The gender-specific terms and designations used in this law each include the male and female form.

Implementation of European Union legal acts

§ 53. The following acts of the European Union are implemented by this federal law:

1.

Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), OJ L 136, 31.5.2010, p. No. 17, as amended by the corrigendum OJ L 376, 27.12.2010, p. No. OJ L 158, 19.06.2012 p. 25;

2.

Directive 2002/49/EC on the assessment and management of environmental noise-Statement by the Commission to the Conciliation Committee on the Directive on the assessment and management of environmental noise, OJ L 201, 31.7.2002, p. No. OJ L 189 of 18.07.2002 p. 12, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 30.12.2008, p. No. OJ L 311, 21.11.2008 p. 1;

3.

Directive 96 /82/EC on the control of major-accident hazards involving dangerous substances, OJ L 327, 30.4.1996, p. No. 13., repealed by Directive 2012 /18/EU, OJ L 134, 30.4.2012, p. No. OJ L 197, 24.7.2012 p. 1;

4.

Directive 1999 /32/EC on the reduction of the sulphur content of certain liquid fuels and amending Directive 93 /12/EEC, OJ L 206, 22.7.1999, p. No. OJ L 121 of 11.05.1999 p. 13, as last amended by Directive 2012 /33/EU, OJ L 175, 5.7.2012, p. No. OJ L 327, 27.11.2012 p. 1 and

5.

Directive 2009 /31/EC on the geological storage of carbon dioxide and amending Directive 85 /337/EEC and Directives 2000 /60/EC, 2001 /80/EC, 2004 /35/EC, 2006 /12/EC and 2008 /1/EC, and Regulation (EC) No 1013/2006, OJ L 327, 30.12.2009, p. No. OJ L 140 of 05.06.2009 p. 114, as amended by Directive 2011 /92/EU, OJ L 327, 28.12.2011, p. No. OJ L 26, 28.01.2012 p. 1.

Fischer

Faymann