Emission Protection Law For Boiler Installations - Ec K 2013

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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996345/emissionsschutzgesetz-fr-kesselanlagen--eg-k-2013.html

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127. Federal Act, a federal law on the integrated prevention and control of emissions from boiler plants (emission protection law for boiler installations - EC K 2013) is issued with the

The National Council has decided:

Table of contents



1. main piece of General provisions



§ 1



Scope



§ 2



Aggregation rule



§ 3



Definitions



2. main piece of emissions and Immissions



1. section principles and bat conclusions



§ 4



General information



§ 5



BAT conclusions



2. emission limit values section



§ 6



General information



§ 7



Special situations



3. emission limit values section and equivalent parameters for systems with a fuel heat capacity of 50 MW or more



§ 8



General information



§ 9



Old installations and existing installations



§ 10



New facilities and updating of permits



§ 11



Additions and changes



3. main piece approval of plants



1 section requirements



§ 12



General information



§ 13



Emissions and Immissions



§ 14



Requirements for systems with a fuel heat capacity of 50 MW or more



§ 15



Significant changes



§ 16



Application of other regulations of the Federation



2. section application



§ 17



Application requirements



3. section public participation



§ 18



Systems with a fuel heat capacity of less than 50 MW



§ 19



Systems with a fuel heat capacity of 50 MW or more



Article 20



Cross-border effects



Article 21



Participation by environmental organisations



section 22



Informing the public about granted permits for installations with a fuel heat input of 50 MW or more



4. let content section



Article 23



General information



section 24



Notification content for installations with a fuel heat input of 50 MW or more



5. Special procedural provisions section



§ 25



General information



section 26



Trial



§ 27



Future techniques



§ 28



Geological storage of carbon dioxide



section 29



Decommissioning



6 article notification procedures, elimination of approval



Article 30



Permit exemption



Article 31



Subsequent changes



§ 32



Approval under other legislation



4. main piece of monitoring



Article 33



General information



Article 34



Requirements for experts



section 35



Emission measurements



5. main piece of obligations of the operator



section 36



General information



section 37



Noise measurements



section 38



Emission statement



6 piece of capital requirements in accordance with other legal provisions of the Federation



section 39



Measures after the GewO 1994



section 40



Measures for the IG-L



section 41



Waste incineration



7 main piece of adaptation to the best available techniques



section 42



Review of permit conditions



§ 43



Updating of permit conditions



8 main piece of penal provisions and enforcement



§ 44



Penal provisions



Article 45



Authorities



section 46



Enforcement



9 showpiece final provisions



section 47



Entry into force



section 48



Expiry of



paragraph 49



Continuing validity



section 50



Existing authorisations



Article 51



References



Article 52



Linguistic equal treatment



Article 53



Implementation of legal acts of the European Union



Appendix 1



Pollutant list



Appendix 2



Criteria for the determination of the State of the art



Appendix 3



Emission limit values for plants with a fuel heat capacity of 50 MW or more 1 main piece

General terms and conditions

Scope

1. (1) this federal law fixed installations consisting of 1 are subject to a steam boiler or several boilers, or fuels are fired, 2nd heat is fed to a steam boiler or several boilers, the or by hot exhaust gases or (waste heat boiler), 3 a gas turbine or multiple gas turbines, 4. directly with the steam boilers (steam boilers) a gas engine or multiple gas engines, as well as other, with gas turbines (gas turbines) or gas engine (gas engines)-related facilities , which can stand and have an impact on the emissions and pollution with these in a technical context.

(2) are excluded from the scope are 1 plants, whose Emissionen be submitted not to the environment, but were conducted entirely in a production process and 2 gas turbines or gas motors if they are part of a system with a fuel heat capacity of less than 50 MW.

(3) this Act regulates the operation of installations with respect to 1 prevent and, where this is not possible, the reduction of emissions to air, water and soil, to a high level of protection for man and environment, and 2. the prevention of major accidents involving dangerous substances and the limitation of their consequences for man and the environment, to increase overall to concerted and effective way to ensure a high level of protection.

Aggregation rule

§ 2 (1) exhaust derive jointly by two or more boilers, gas turbines or gas motors through a chimney, so the combination of these boilers, gas turbines or gas motors is regarded as a single system and to calculate their fuel thermal power the fuel thermal capacity of individual steam boilers, gas turbines or gas motors are added.

(2) If two or more boilers, gas turbines or gas motors so constructed that their emissions, taking into account technical and economic factors together could be derived through a chimney, the combination formed by such steam boilers, gas turbines or gas motors is regarded as a single system and to calculate their fuel thermal power the fuel thermal capacity of the individual boilers, gas turbines or gas motors are added.

(3) in the case of systems with a fuel heat capacity of 50 MW or more consisting of a combination described in paragraphs 1 and 2 of steam boilers, gas turbines or gas motors will for the calculation of the total fuel heat output not considered individual steam boilers, gas turbines or gas motors with a fuel heat capacity of less than 15 MW.

Definitions

§ 3. The purpose of this federal law:: 1 "Boiler" systems, a) where steam is generated or overheated, or b) where liquids are heated above its atmospheric boiling point, or c) by hot exhaust gases heat for the purpose of production or overheating of the steam in the sense of lit. a or the heating of liquids within the meaning of the lit. b be (waste heat boiler);

2. "Gas Turbine" any rotating machine, the thermal energy into mechanical work transforms and mainly from a compressor, a combustion chamber, where fuel to heat the working fluid is oxidized and a turbine is;

3. "Gas engine" with a working principle of Otto internal combustion engine with spark-ignition of the fuel or, in the case of two fabric Motors - auto-ignition of the fuel;

4. "Legacy assets" systems with a fuel thermal input of 50 MW or more was given before 27 November 2002 a permit or for that provided by their operators before that date a complete application for a permit, provided that such installations adopted on 27 November 2003 in operation at the latest;

5. "existing plants" systems with a fuel thermal input of 50 MW or more, which are no legacy assets and which granted a permit before January 7, 2013, or if for the by their operators before that date a complete permit application, provided that such equipment be at the latest on the 7 January 2014 into operation;

6 "new plants" of 50 MW or more, which are not under paragraphs 4 or 5 covered systems with a fuel heat capacity;

7 "Fuel" all solid, liquid or gaseous combustible material for the feeding of plants;

8 "domestic solid fuel" a naturally occurring solid fuel that is burned in a complex designed specially for this fuel and the; obtained locally

9 'biomass' a) can be products of agricultural or forestry origin of plant material, used as a fuel for energy recovery.

b) the following waste: aa) vegetable waste from agriculture and forestry;

BB) vegetable waste from the food processing industry, if the heat generated is used;

CC) fibrous vegetable waste from the manufacture of virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is used;

DD) cork waste;

EE) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;

10.

"Fuel thermal power" that a plant using fuel hourly guided average, based on the lower heating value amount of heat, which is necessary to achieve the intended interpretation in terms of plant performance in continuous operation (nominal load). Unbefeuerten heat recovery boilers fuel heat performance results analog from the average amount of heat supplied with hot gases. The fuel thermal power is 2010/75/EC directive on industrial emissions (integrated pollution prevention and control of pollution), (in the following: industrial emissions directive), OJ No. L 334 of the 17.12.2010 p. 17, as amended by the amending OJ No. L 158 of the 19.06.2012 referred to S. 25, the equivalent term "Combustion heat performance" and given in megawatts (MW).

11 "more combustion plants" a system with two or more fuels can alternatively be operated

12 "mixing combustion plant" a system with two or more fuels can be operated at the same time

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

14 "Floor" the top layer of the Earth's crust situated between the bedrock and the surface. The floor is made of mineral particles, organic matter, water, air and living organisms;

15 "Pollution"; make the release caused directly or indirectly by human activities, of substances, vibrations, heat or noise into air, water or soil, that harm human health or the quality of the environment or damage of valuables or undue interference or disturbance of well-being induced by the environment a healthy, normal sentient people, or from other permitted uses of the environment

16 'dangerous substances' substances or mixtures in accordance with article 3 of Regulation (EC) no 1272/2008 on 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 No. L 353 of 31.12.2008, p. 1;

17 "report on the initial state" information on the State of pollution of the soil and groundwater through the relevant hazardous substances;

18 'Emission' from point sources or diffuse sources in the installation direct or indirect release of substances, vibrations, heat or noise into the air, the water or the ground;

19 'Emission limit value' the mass, expressed in terms of certain specific parameters, concentration and/or level of emission, not exceeded during one or more periods may be;

20 which brought "Desulphurisation rates" the ratio of the quantity of sulphur which is derived from a plant in a certain period of time in the air, to the sulphur quantity of Festbrennstoffs, during the same period in the system and consumed;

21 "Dioxins" and polychlorinated dibenzo-p dioxins referred to in annex VI, part 2 of the industrial emissions directive "Furans" means all and dibenzofurans.

22 "organic compound" excluding a connection, at least the element carbon and one or more of the elements hydrogen, halogens, oxygen, sulphur, phosphorus, Silicon or nitrogen containing carbon oxides and inorganic carbonates and Bicarbonates;

23. "volatile organic compound" one organic compound and the amount of creosote, at 293,15 K has a vapour pressure of 0,01 kPa or greater or has a corresponding volatility under the particular conditions of use.

24 "Authorisation" is a written permission (authorization) for the operation, including the construction or significant modification of an installation or part of a plant;

25 "change in operation" a) a change in the texture or b) a change in the way or c) an extension of the plant, have the impact on the environment;

26 'substantial change' a) a change in the texture or b) a change in the way or c) an extension of the plant, which may have significant adverse effects on human health or the environment. Any change is deemed essential if the change or extension in itself taken by 50 MW or more causes an increase in the fuel thermal capacity;

27 "Hours of operation" the period expressed in hours, where a system fully or partially located in operation and emissions in the air are off, without the periods of delivery and shut-down;

28 has any natural or legal person who operates the facility, or the decisive economic power in 'Operator' or representative shall exercise;

29 "Environmental inspection" all measures, including inspections on site, monitoring of emissions and reviewing internal reports and follow-up documents, checking of Autocontrol, testing the techniques and the suitability of environmental management of the plant, are taken; by the authority or on its behalf to the checking and promoting compliance with the permit of the facilities and, where appropriate, for monitoring their impact on the environment

30 ' environmental quality standard ' the set of requirements that meets at a given moment in a given environment or particular part thereof under the legislation of the Union must be;

31 "the relevant scientific knowledge-based state of advanced procedures, facilities, construction or operating modes, whose proper functioning of tried and proven state of the art". In determining the State of the art are especially those similar procedures to attract facilities or operations which are the most effective to achieve a common high level of protection for the environment as a whole. In determining the State of the art criteria of Appendix 2 are in accordance with the costs arising from a particular task and their benefits and the principle of precaution and prevention in General as well as in the individual case into account;

32. "best available techniques (BAT)" (art. 3 Z 10 industrial emissions directive) in terms of content the defined in Z 31 State of the art;

33. "BREF" describes a document that is created from the exchange of information in accordance with article 13 industrial emissions directive for certain activities and techniques for the particular activity for reference purposes. In particular, such a document arrives on the following aspects: a) the techniques, b) the current emission and consumption levels, c) the techniques that were taken into account for the determination of best available techniques (BAT) as well as the bat conclusions, as well as d) all future techniques, taking particular account of; the criteria in annex 2

34. "bat conclusions" a document that contains the parts of a BVT memo with the applicable conclusions on following aspects: a) the bat, b) description of the bat, c) information for assessing the applicability of bat, d) the emission levels associated with the bat, e) the relevant monitoring measures, f) the corresponding fuel consumption as well as g) the applicable site remedial measures;

35. "best available techniques associated with emission levels" the range of emission values obtained under normal operating conditions as described in the BAT reference documents conclusions under a) using a best available technique or b) a combination of best available techniques.

They are expressed as average value for a given time period under specific terms of reference;

36. "Future technology" a new technique for an industrial activity, providing either a higher General level of environmental protection, or at least the same level of environmental protection and greater cost savings for commercial use could be considered the existing State of the art.

2. main piece

Emissions and Immissions

1 section

Principles and bat conclusions

General information

Plants are 4 (1) to build, equip and maintain that 1 the avoidable after the State of the art emissions to air, water and soil be avoided and 2. unavoidable emissions into the air quickly and effectively to be distributed after the State of the art, that Immissions load of the goods to be protected (§ 13 No. 2 lit. a) is as low as possible, and 3. a hazard or harassment within the meaning of the provisions of article 13 subpara 2 lit. b is avoided and 4. environmental pollution is avoided in accordance with the previous adopted implementing regulations and the provisions of this Act.

(2) the facilities serving the emission limitation of emissions into the air, the furnaces and burners or combustion chambers whose accessories are so to construct, to examine and to incorporate that their reliable operation is assured.

(3) the height of the chimney is taking into account the location of the plant, as well as the meteorological and topographical conditions to set, keep protected health and environment.


(4) further included rules on the functional safety in accordance with paragraph 2 and of the stack height in accordance with paragraph 3 by regulation of the Federal Minister of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management to meet.

BAT conclusions

The bat conclusions are § 5 (1) as to apply reference document for the definition and updating of permit conditions for equipment, if they have been published in the official journal of the European Union as the European Commission's decisions. The Federal Minister of economy, family and youth published the sites this bat conclusions on the website of the Federal Ministry for economy, family and youth.

(2) up to conclusions on best available techniques in the information sheet on best available techniques apply the availability of bat conclusions referred to in paragraph 1 as bat conclusions in the sense of paragraph 1 for large combustion plants in accordance with the adoption of three reference documents relating to the Directive 96/61/EC on integrated pollution prevention and reduction of environmental pollution (2006/C 253/03), OJ No. C 253 of 19.10.2006, p. 5.

(3) the permit authority sets on the basis of a best available technique, which is described in any of the relevant conclusions of the bat, it has to ensure that 1 this technique with particular reference to the criteria set out in Appendix 2 is determined, and 2. the requirements of paragraphs 8 to 11 are met.

The above bat conclusions contain no emission levels associated with best available technology, the authority has to make sure that that guarantees a level of environmental protection by their established technology that is equivalent to the best available techniques as described in the BAT reference documents conclusions.

(4) chairs for an activity or a type of production process, which is carried out within a plant, no bat conclusions before or do not cover these conclusions from all potential environmental impacts of the activity or process, the authority on the basis of the State of the art, she has designed for the activities or processes, the permit conditions determine where particular invoice to wear is the criteria of annex 2.

2. section

Emission limit values

General information

Z 1 without prejudice to article 13 of the authority of emission limit values are section 6 (1) for the various types of emissions into the air (Appendix 1) according to article 4, paragraph 1 after the State of the art for stationary operation set, unless the application is written in a particular technique or technology.

(2) compliance with the emission limit values is to pursue even for transient States (eg and shut-down) and during the period of maintenance and repair work using appropriate measures. The periods of delivery and shut-down are 41 lit according to the article. a directive on industrial emissions from the European Commission adopted implementing rules set, if these have been published in the official journal of the European Union. The Federal Minister of economy, family and youth published the sites of these decisions on the website of the Federal Ministry for economy, family and youth.

(3) emission limits may be extended by equivalent parameters or equivalent technical measures that ensure an equivalent level of environmental protection, or replaced.

(4) the emission limit values shall apply at the point where the emissions leave the facility, and any dilution prior to that point is not considered in determining the limits.

(5) the emission limit values of the upstream firing system apply for waste heat boiler without additional firing. For waste heat boilers with supplementary firing, the emission limit values as when mixing combustion must be determined.

(6) when mixing combustion plant the emission limit values are set as follows: 1. determination of the emission limit value for each individual fuel and pollutant corresponding to the fuel thermal capacity of the entire plant.

2. determination of weighted emissions limits for the different fuels; you will get these values by multiplying the individual limits referred to in no. 1 with the thermal performance of individual fuels and dividing the product by the sum of the thermal power supplied by all fuels;

3. Add the weighted emission limit values for the individual fuels, taking into account the respective reference oxygen content.

Emission limit values for the part load operation shall be determined in accordance with no. 1 to 3 with the quantities of heat supplied in partial-load operation with the individual fuels.

(7) by way of derogation from paragraph 6 the emission limit value according to the fuel may be when mixing combustion plant with a fuel heat capacity of small 50 MW, which do not waste or with burn, implemented, which provides at least 80% of the fuel heat capacity of the installation in a calendar month.

(8) at additional combustion plant material requirements for the respective fuel.

(9) the effect of a water treatment plant in determining the emission limit values of the installation concerned can be taken in the case of the indirect introduction of pollutants into the water, unless assured of a total equivalent level of environmental protection and there will not be a higher impact on the environment.

(10) for plants, collected by no bat conclusions with regard to the establishment of emissions into the air, the emission limit values are to set environmental and water management by regulation according to the State of the art pursuant to par. 1 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry. Such regulations may contain requirements on the quality of fuels or other equivalent parameters, insofar as this serves to limit the emissions.

(11) as far as any emission limit values regulations are set for plants referred to in paragraph 10, the authority in the context of authorisation procedures has set the emission limit values in accordance with the provisions referred to in paragraphs 1 to 10 and 12 for their operations including the construction.

(12) the emission limit values set out in annex 3, section 1 and 2 for systems with a fuel heat capacity of 50 MW or more apply the emissions of each common chimney in relation to the fuel thermal capacity of the entire plant. It is envisaged that emission limit values can be used for a part of a system with limited number of operating hours, so these limits for the emissions of this part of the system, apply them but in relation to the fuel thermal capacity of the entire plant set.

(13) facilities in principle with fuel oils are to operate their sulphur content of Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC, OJ No. L 121 of the framework p. 13, as last amended by the directive of 2012/33/EC, OJ Not exceed No. L 327 from the 27.11.2012 S. 1, limits set. Use of fuel oils with a higher sulfur content is through appropriate measures, to ensure that the concentrations of sulphur dioxide emissions from the installation are no higher than they would be in compliance with the limit values for the sulphur content of the Heizöles without such measures. These emission limits are prescribed for the plant for sulphur dioxide are to comply.

Special situations

§ 7 (1) may grant a derogation from the obligation to comply with the emission limit values provided for in the articles 6, 9, 10, 11, and 43 for sulphur dioxide for a period of up to six months in systems the authority at the request of the operator, in which to do this, usually a low-sulphur fuel is being burned, if the operator due to an interruption in the supply of low-sulphur fuel unable resulting from a serious shortage situation is , to comply with these emission limits. The authority has the Federal Minister of economy to teach family and youth without delay of any derogation granted in accordance with this paragraph.

(2) the authority may a derogation from the obligation to comply with the emission limit values provided for in the articles 6, 9, 10, 11, and 43 in the cases grant at the request of the operator, in which a facility where only gaseous fuel is burned, must avoid because of a sudden disruption of gas supplies exceptionally on other fuels and would have to be equipped for this reason with an exhaust gas cleaning system. Such a deviation may be granted for a period of not more than ten days, unless there is an overriding need to maintain energy supplies. The operator has to immediately inform the authority about any individual case in accordance with this paragraph. The authority has the Federal Minister of economy to teach family and youth without delay of any derogation granted in accordance with this paragraph.

(3) the Federal Minister for economy, family and youth promptly informed the European Commission of any derogation granted in accordance with paragraph 1 or 2.

3. section

Emission limit values and the equivalent parameters for systems with a fuel heat capacity of 50 MW or more


General information

§ 8. For installations with a fuel heat input of 50 MW or more also the provisions of articles 9 to 11 shall also apply the § 6 para 1 to 6 and 8 to 12 and § 7 to comply.

Old installations and existing installations

9. (1) the emissions to air of old plants and existing facilities - except off liquor boilers of in pulp production, facilities for the regeneration of catalysts for catalytic cracking, as well as facilities for the conversion of hydrogen sulphide into sulphur - may without prejudice to § 43 not exceed the emission limit values set from 1 January 2016 in Appendix 3, section 1.

(2) systems may be operated no longer since 1 January 1992 as full-load hours corresponds to the supplied fuel heat amount of 5 000, the emission limit values of annex 3, section 1 apply to facilities for the regeneration of catalysts for catalytic cracking, as well as facilities for the conversion of hydrogen sulphide into sulphur - from 1 January 2016 - with the exception of emission limit values from liquor boiler of pulp production.

(3) old plants and existing plants, § 43 are subjected to any updating of permit conditions with regard to the emission limit values in accordance with may be operated limited annual operating time with emission limits further with a 1 500-hours in a rolling five year average according to annex 3, section 1 in accordance with the requirements of article 10, par. 2, except bat conclusions pursuant to § 5 para 1 or regulations according to § 10 para 6 conditions prevail over regulations stipulate.

(4) for legacy assets and existing plants are operated in accordance with par. 2 and 3 with a limited duration, the operator has to register the operating hours and report about the emission declaration according to § 38 of the authority.

New facilities and updating of permits

10. (1) the authority has in part to set approval process and the updating of permit conditions, emission limit values, which ensures that the emissions into the air under normal operating conditions do not exceed the emission levels associated with the best available techniques, as in the decisions about the bat conclusions pursuant to § 5 paragraph 1 laid down, and / one of the following two measures to meet : 1 determination of emission limit values that do not exceed the emission levels associated with the best available techniques. These emission limits are with the same or shorter periods of time and under the same reference conditions to set with the best available techniques as the associated emission levels or 2. determination of emission limit values, which differ as regards values, the periods and the reference conditions of the emission limit values mentioned in no. 1. In this case, the authority is at least a year to evaluate the results of the emissions monitoring in accordance with § 33, to ensure that the emissions are under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

(2) by way of derogation from paragraph 1, the authority in special cases can less stringent emission limit values or when updating of permit conditions to set a longer period than specified in § 43. Such derogations may be applied only if an assessment indicates that the achievement of the emission levels associated with the best available techniques as described in the BAT reference documents conclusions for the following reasons would measured result disproportionately higher costs on the environmental benefits: 1. geographical location and local environmental conditions of the affected system or 2. technical characteristics of the affected system.

In any case, it is by the authority to ensure that no significant environmental pollution is caused and achieves a high level of protection for the environment as a whole.

(3) the authority shall document the reasons for the application of derogations referred to in paragraph 2 and the results of the analysis, as well as the justification of conditions laid in the annex to the permit conditions and to report to the Federal Minister of economy, family and youth by connecting the documentation. The Federal Minister of economy, family and youth reports these derogations referred to in paragraph 2 and the results of the analysis, as well as the justification of the conditions laid at the European Commission.

(4) the emission limit values set in accordance with paragraphs 1 and 2 may - not to exceed the emission limit values set out in annex 3, section 1 and 2 with the exception of emission limit values for waste liquor boiler of in pulp production, facilities for the regeneration of catalysts for catalytic cracking, as well as facilities for the conversion of hydrogen sulphide into sulphur -.

(5) the authority shall conduct a re-assessment according to para 2 as part of any review of permit conditions in accordance with article 42, paragraph 1.

(6) the Federal Ministry of economy, family and youth can set in agreement with the Federal Minister of agriculture and forestry, environment and water emission limit values for emissions into the air according to the criteria listed in paragraph 1 Regulation. Until the next update of permit conditions, emission limit values by the authority prior to entry into force of these regulations during approval procedures or the update of permit conditions in accordance with § 43 set by remain unaffected subject.

(7) emission limit values in regulations made pursuant to paragraph 6 above are to the publication of new bat conclusions pursuant to § 5 para 1 for permits and for the updating of permits from the authority to prescribe. After publishing new bat conclusions are those to prescribe emission standards arising from the new bat conclusions, if these are more stringent than those that are specified in a regulation in force before that date.

Additions and changes

§ 11 (1) a facility is extended according to the aggregation rule pursuant to section 2, so apply the emission limit values set in accordance with article 10, which are set in accordance with the fuel thermal capacity of the entire plant for the advanced, affected by the change part of the plant.

(2) in the case of the modification of an installation, which may affect the environment, and of 50 MW or more as a part of a plant with a capacity of fuel heat, the emission limit values set in accordance with § 10 apply to that part of the system, which was changed in relation to the fuel thermal capacity of the entire plant.

(3) is in part a change of operation (§ 3 Z 25) renewed the Firebox of a steam boiler or gas turbines are replaced, so apply the emission limit values for new plants for these parts.

3. main piece

Approval of plants

1 section

Requirements

General information

§ 12. The operation including the construction or significant modification of systems with a fuel heat capacity of 50 kW or more requires the approval of the authority. The operator has to apply for approval to the authority for operation including the construction of a facility or for the operation, including a significant modification of an installation.

Emissions and Immissions

§ 13. An approval in accordance with § 12 may only be issued - if necessary, under notices of payment due requirements -, when it is expected that 1 in operation to be in accordance with sections 23 and 24 emission limit values are not exceeded and 2. through the plant causes no pollution, the a) endanger the life or health of people or property or other real rights of neighbours or b) to an unacceptable harassment of neighbors in the meaning of § 77 para 2 Gewerbeordnung (GewO 1994) 1994 , Federal Law Gazette No. 194, lead and 3rd coming for the plant to be approved, considering a regulation in accordance with § 10 Immissions Protection Act air (IG-L), Federal Law Gazette I no. 115/1997, are met. If in the area, where a new plant or increasing the emission system extension be approved is more than 35 exceedences of the daily average value for PM10 in accordance with annex 1a to the IG-L or an excess - of 10 µg/m3 of increased annual average value for nitrogen dioxide in accordance with annex 1a to the IG-L, - of the year average for PM10 in accordance with annex 1a to the IG-L, - of the year mean value for PM2, 5 in accordance with Annex 1B to the IG-L, , - of a regulation in accordance with article 3 par. 5 IG-L of set emission limit value, - the half hour average for sulphur dioxide in accordance with annex 1a to the IG-L, - the daily average value for sulphur dioxide in accordance with annex 1a to the IG-L, - the half hour mean value for nitrogen dioxide in accordance with annex 1a to the IG-L, - the limit for lead in PM10 in accordance with annex 1a to the IG-L, or - a limit value in accordance with annex 5 b to the IG-L or to expect the approval is , is the permission to grant, only when a) the emissions of the installation make no relevant contribution to the Immissions load or b)

the additional contribution is limited by emission-limiting conditions to the extent technically possible and economically reasonable and additional emissions, if necessary, adequately compensated IG-L through measures to reduce the Immissions load, in particular due to a program in accordance with section 9a of the IG-L, or a catalogue of measures in accordance with § 10, so in a realistic scenario in the long run no further exceedances of the values stated in this paragraph to take are , as soon as these measures have become effective.

Requirements for systems with a fuel heat capacity of 50 MW or more

14. in addition to the provisions of sections 12 and 13 may for a plant with a fuel heat capacity of 50 MW or more a permit be issued only if ensures that the system is so built, operated, and abandoned, that 1 all appropriate preventive measures against pollution, in particular through the use of the best available techniques corresponding technological processes, facilities, and operating modes , hit;

2. energy as efficiently as possible is using for the purpose of reduction of emissions into the air, about equipment of the steam boiler plant with a combined heat and power or by directing the exhaust fumes of a gas turbine in a steam boiler, as far as the technical and economic feasibility for this is given.

3. the necessary measures are taken to prevent accidents and mitigate their consequences;

4. the necessary measures with regard to possible emissions and emissions impact in air, water and soil be taken by the operation of the plant, the abandonment of the system to prevent the danger of an environmental pollution and to restore a satisfactory state of the site of the installation within the meaning of section 29;

5. the generation I no. 102, avoids waste according to the waste management act of 2002 (AWG 2002), BGBl.

6. If waste produced, according to the order of priority and in accordance with the provisions of the AWG 2002 for reuse are prepared, recycled, recycled or, if for technical or economic reasons is not possible, eliminated, where environmental impacts are avoided or reduced.

Significant changes

§ 15. Is a plant with a fuel heat capacity of 50 MW or more substantially changed or extended, the emission limit values laid down in section 11 are 1 to set and 2 has the approval to include also the already approved system with regard to the provisions of § 13 No. 3.

Application of other regulations of the Federation

§ 16. Apply for the permitting of installations with a fuel heat input of 50 MW or more, not a permit is not required under this federal law pursuant to § 32: 1 for equipment for the construction, operation or significant modification even after other administrative provisions of federal approval to protect from the effects of the operating system, or to protect of the appearance of the operating system is required, be omitted, unless otherwise determined in the following , separate permits to these other regulations, but it is their substantive approval rules when granting the licence to apply. Experts in the areas covered by other regulations are the procedures to take. The approval is considered permission after the other regulations of the Federal Government. The joint application of the provisions of the water law of 1959 (WRG 1959), BGBl. No. 215, refers to measures on following construction, operation and modification the system related: a) water abstraction for supply (articles 9 and 10 WRG 1959);

b) heat pumps (§ 31 c heat Exchanger 1959);

c) waste water discharges to waters (§ 32 para. 2 lit. a, b and e of the WRG 1959), excluding sewage discharges from plants for the treatment of waste water collected in a public sewer;

(d) storage of materials that have the result that the groundwater is contaminated by infiltration (seepage) of substances in the soil (§ 32 para. 2 lit. c WRG 1959);

e) effluents are approved sewer systems.

In particular the provisions of the WRG with exceed emission and immission limits and monitoring including the groundwater condition report are 1959 concerning the State of the art including the granting of exceptions to the State of the art, personal charge of parties. With anzuwendenden water facts is to discuss in a separate line item. A process touches water interests, of the approval applicant even before the application for a permit has the water management planning body (§ 55 section 4 WRG 1959) to indicate the broad lines of the project.

2. the authority referred to in article 45 has to coordinate the approval procedure in accordance with no. 1 with other authorities, when after another, not according to no. 1 with anzuwendenden regulations an approval or a message to protect against effects of the installation or to protect of the appearance of the system is required.

3. it under other management provisions of the Covenant in terms of Z 1 existing regulatory powers and functions to check the execution of the system, to control, to the production of the legitimate State, to security, to the subsequent adjustment of the consensus, are to the notices of payment due and execution of measures for construction, operation, modification and dissolution, the reissue rights of plants by the authority in accordance with article 45 regarding the WRG 1959 only to in subpara 1 lit. a to lit. referred e measures to perceive. The jurisdiction of the Governor according to § 17 old loads Rehabilitation Act, Federal Law Gazette No. 299/1989, remains unaffected. The provisions concerning the General Water Authority (sections 130 et seq.) WRG 1959) remain unaffected.

4. Z 3 is with regard to the tasks and powers, which in 1993 (with), BGBl. No. 27, are whether the labour inspectors under the labour inspection Act, does not apply.

2. section

Request

Application requirements

According to § 12 are the application section 17 (1) all data required for a comprehensive technical review and evaluation of the operation of the proposed system or of the modified installation, plans to connect the sketches and descriptions in particular with regard to emissions into the environment in triplicate.

(2) for installations with a fuel heat input of 50 MW or more has a permit application to contain the following information, as far as these are not already required under para 1: 1 type, purpose and size of the plant.

2. used in the plant, or produced raw and auxiliary materials, other substances or energy;

3. sources of emissions from the installation;

4. a description of the condition of the site of the installation;

5. If necessary, a report on the initial state of the soil and groundwater in accordance with § 29 par. 2;

6. type and quantities of foreseeable emissions from the installation into each environmental medium;

7. measures for the prevention of emissions or, if this is not possible, to reduce them;

8. a description of the measures to avoid, prepare, reuse, recycling and recovery of waste generated by the plant (eg through a waste management concept);

9. the expected significant effects of the emissions on the environment;

10 further measures planned to comply with the requirements pursuant to § 14;

11. proposed measures for monitoring of emissions;

12. arrangement of sampling and measuring points;

13. the most important, certified by the applicant, where appropriate, alternatives in an overview, in particular other measures to reduce emissions, such as efficient use of energy including the result of the examination of the feasibility of a combined production of electricity and heat, or use the exhaust fumes of a gas turbine in a steam boiler, taking into account the technical and economic conditions including the outlets;

14. a generally understandable, not technically worded summary of the permit application;

15 measures to prevent accidents and limit their consequences;

16 measures to avoid the danger of an environmental pollution after the final closure of the facility by the emissions resulting from the operation or emission charges in air, water and soil and to restore a satisfactory state of the site of the installation;

17. for units with an electrical capacity of 300 MW or more details of a review in accordance with article 28, paragraph 1.

3. section

Public participation

Systems with a fuel heat capacity of less than 50 MW

Section 18 (1) is the approval of a plant with a fuel heat capacity of less than 50 MW for 1 solid or liquid fuels, as well as for heating by means of heat with a fuel heat capacity of 500 kW or more, or 2. gaseous fuels with a fuel heat capacity of 2 MW or more,


requested that the authority has known publicly by stop in the community and in a local newspaper to make the request. Operating and business secrets are to maintain. With the announcement, a period of six weeks is to prioritise within the against the approval of the plant by the neighbors (article 75, paragraph 2 and 3 GewO 1994) reasoned written objection to the authority may be filed. Neighbors who raised such objections have party status.

(2) in the framework of the approval procedure, the authority is usually oral proceedings carried out. Be 1 objections pursuant to paragraph 1 above, the authority has brought in any case carry out an oral hearing;

2. from neighbors brought private objections to the system, so has the head of negotiation on an agreement to work towards; If necessary, induced agreement is to notarize a transcript. The rest are such objections on the civil way to reference.

Systems with a fuel heat capacity of 50 MW or more

Section 19 (1) has the authority in systems with a fuel heat capacity of 50 MW or a permit for a significant change, 3. a draft decision on the updating of permit conditions with a derogation in accordance with article 10, par. 2, or 4. one more 1 a request for the issuing of a permit for the construction of a plant, 2. a request for the issuing of draft decision updating of permit conditions in accordance with § 43 para 7 subpara 1 in the editorial section of a newspaper that is widespread in the State , to announce in a periodical newspaper distributed in the affected community and on the Internet. With the announcement, a period of six weeks is to prioritise within the against the approval (such as 1 or 2) or the updating of the permit (such as 3 or 4) by neighbors (article 75, paragraph 2 and 3 GewO 1994) and environmental organizations reasoned written objection to the authority may be filed in accordance with section 21. Party position comes to neighbors and environmental organizations that have raised such objections. States in accordance with article 20 on approval procedures for construction or significant modification of plants may participate if necessary.

(2) the notice referred to in paragraph 1 shall contain at least the following information: 1 a description in section 17 para 2 Z 1 to 14 stated values;

2. the note, which authority the request as well as the present most important decision-relevant reports and recommendations are at the time of the notice to the authority within a specific, at least six weeks contributing period during office hours to inspection and that during this period to the application or the updating of a permit position; be included

3. Note that the decision by decision is made;

4. Note that any other decision-related information which are still not located before the date of publication, are subsequently during the approval procedure at the Office during office hours to inspection;

5. If necessary, the note that contacts and consultations pursuant to article 20 are required.

(3) is section 18 para 2 for the conduct of hearings.

(4) the provisions of paragraphs 1 to 3 shall be subject to the §§ 6 and 5 para. 2 environmental information Act (UIG), Federal Law Gazette No. 495/1993.

Cross-border effects

Section 20 (1) the authority if the construction or significant modification of an installation with a fuel heat capacity of 50 MW or more significant effects on the environment of another State might have or if one State might be affected by the impact of such a project makes the request, has this State at the latest if the notification referred to in article 19, paragraph 1, to inform about the project; available information about potential transboundary impacts and the approval procedure are to give. The State is to give reasonable deadline for communication, whether he to participate wishes in the process.

(2) hopes the State in the process to participate, so are the application documents as well as any other decision-relevant documents, which are still not located before the authority at the time of the announcement in accordance with § 19 para 1 to submit to and it is a reasonable period to comment; This time limit is to be such that it allows the country participating in the procedure is to make available the application documents for the public and to give her the opportunity to comment. If necessary, consultations on potential cross-border effects and possible measures to avoid or reduce adverse transboundary environmental effects are to lead.

(3) the results of the investigation, the main reasons for the decision, to provide information about the public participation process and the decision on the permit application shall be: a country participating in the procedure.

(4) application for a permit is submitted within the framework of proceedings carried out in another State concerning the approval or significant modification of an installation, so the authority within the meaning of § 19 ABS. 1 has to proceed. Comments came from the authority are to provide the State in which the project to which the application relates is to be achieved by the authority.

(5) the provisions of paragraphs 1 to 4 apply to States which are not party to the agreement on the European economic area, only in accordance with the reciprocity.

(6) special measures provisions remain unaffected.

Participation by environmental organisations

§ 21. In the permitting procedure pursuant to § 12 for installations with a fuel heat input of 50 MW or more have also following environmental organizations with regard to the right to enforce compliance with environmental regulations in the procedure and appeal to take party position: 1. in accordance with section 19, paragraph 7, of the environmental compatibility verification Act 2000 (EIA G 2000), Federal Law Gazette No. 697/1993, recognised environmental organisations, insofar as it within the period specified in § 19 para 1; written objections

2. environmental organizations from another State, a) If a notice to the other State in accordance with article 19, paragraph 1 has been made for participation in the proceedings, b) unless the approval system likely to have effects on that part of the environment of another State, for their protection, the environmental organization occurs, c) unless she of 50 MW or more could participate in permitting a plant situated in the other State with a fuel heat capacity , d) to the extent they have raised 2 written objection during the period in accordance with section 19 para 2 Z.

Informing the public about granted permits for installations with a fuel heat input of 50 MW or more

Section 22 (1) was a permit to the applications listed in article 19, paragraph 1 or given to the updating of permit conditions, so the authority in the editorial section of a newspaper that is widespread in the State, a periodical newspaper distributed in the affected community and the Internet has been known to announce that under paragraph 2 specific information within one, at least six weeks contributing period the Authority during office hours for inspection are. Which are Z under paragraph 2 1, 2, 6 and 7 information to provide on the Internet.

(2) the authority shall make public the following information pursuant to paragraph 1: 1 the content of the decision, including a copy of the approval and subsequent updates;

2. the reasons on which the decision is based;

3. the results of the consultations carried out before the decision and its consideration in the context of the decision;

4. the designation of the BVT memo applicable to the relevant plant or activity;

5. details of setting the permit conditions referred to in articles 23 and 24 including the emission limit values in relation to the best available techniques, and with the best available techniques associated emission levels;

6. in the case of the granting of an exemption in accordance with section 10 para 2 the exact reasons for the granting of the exemption under the criteria specified in the above paragraph and the related requirements;

7. relevant information on the measures to be taken by the operator for the definitive cessation of activities, in accordance with section 29;

8. the results of according to the permit conditions required monitoring emissions, which are available to the authority.

(3) UIG the provisions of paragraphs 1 and 2 shall be subject to sections 6 and 5 para. 2.

4 section

Notification content

General information

Section 23 (1) has the decision of the authority within three months after receipt of the complete application (article 17) or in the case of an oral hearing within three months after this, no later than six months after receipt of the complete application for adjudication.

(2) the notice with the installation or substantial change is approved, shall at least contain: 1. purpose and type of plant;

2.

the fuel types to use (§ 3 No. 7), as well as the fuel heat capacity of plant (§ 3 Z 10);

3. the permissible emission limits;

4. the height of the chimney;

5. requirements for the monitoring of emissions including the measuring method, frequency of measurements, evaluation methods and the information of the authority;

6. the arrangement of the sampling and measuring points;

7. the arrangement that the completion of the system of the authority to display is;

8. the finding, in which case a malfunction is significant exceeding of emission limit values for the air over the longer term in the sense of article 36, paragraph 6, as well as definitions for the operation during the disorder;

9. for plants that are equipped with exhaust gas cleaning facilities, conditions, as in the case of a fault or failure of the exhaust gas cleaning equipment is done;

10. where appropriate, conditions during periods of time in accordance with Nos. 8 and 9, to switch the operation of the boiler installation on other, cleaner fuels on the orders of the authority or to restrict the operation or to adjust, if you expect that the emissions in the air on the basis of special meteorological conditions in cooperation with local conditions Immissions caused that temporarily prevent compliance with the provisions of § 13 No. 2;

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

Notification content for installations with a fuel heat input of 50 MW or more

§ 24 in addition to the provisions of article 23 of the notification for installations with a fuel heat input of 50 MW or more shall contain: 1. the permissible emission limits have to cover the polluting substances referred to in annex 1, provided it; emitted by the system in the relevant amount the possible transfer of pollution from one medium (water, air, soil) to another should be noted, to achieve a high level of protection of the environment as a whole; where appropriate, other technical measures can be provided, leading to an equivalent result; distribution the technical characteristics of the installation concerned, their location and the local environmental conditions are taken into account;

2. If necessary, suitable conditions for the protection of water and soil to the compliance with the provisions of the applicable regulations according to § 16 subpara 1;

3. measures for other than normal or transient operating conditions that go beyond Z 8 and 9 that pursuant to § 23 para 2; the driving, the accidental leakage of substances, are to take into account errors, briefly shutting down and the final closure of the plant in an appropriate manner, as far as a danger to the environment could be connected

4. about the bat conclusions going beyond regulations, if and insofar as this is necessary to prevent the crossing of a Union legally defined immission limit;

5. determination of the time periods of the and shut off pursuant to section 6 para 2;

6. If necessary, requirements for the widest possible reduction of long-distance or transboundary pollution;

7. the requirement that in cases in which article 10, paragraph 1 applied Z 2, the results of these emission control for the same periods and reference conditions must be available as for the emission levels associated with the best available techniques;

8. the obligation of the operator, that in the cases where applied section 10 paragraph 1 No. 2, a summary of the results of the emissions monitoring allows a comparison associated emission levels using the best available techniques, to submit annual is the authority;

9. for units with an electrical capacity of 300 MW or more if necessary provisions in accordance with § 28 para 5;

10. where appropriate, requirements to comply with the requirements for the closure of a plant in accordance with section 29.

5. section

Special procedural provisions

General information

Section 25 (1) is not started within five years following the granting of the permit with the construction of the plant, so this decision override occurs. The authority shall extend the time limit on the basis of a request made before the expiry of the period to a maximum of two years if required by nature and scope of the project.

(2) arises after approval of the plant, that the to be performed in accordance with sections 13 and 14 interests despite complying with the requirements prescribed in the permit notification are not sufficiently protected, the authority has to impose different or additional requirements. The authority has such conditions not to prescribe when they are disproportionate, especially if the expenses out of proportion to the success with the requirements associated with the fulfillment of the conditions. In particular the type, quantity and hazardousness of emissions from the plant are and her emissions as well as the useful life and the technical characteristics of the plant caused the into account. For the benefit of persons who have become neighbors only after approval of the system, are such regulations prescribe only in so far as they are necessary to prevent a threat to the life or health of such persons.

(3) plants or parts of plants may be built prior to the introduction of the legal force of the permit notification and operated if its requirements during the construction and during the operation of the system are met. This right ends no later than three years after the delivery of the permit notification to the permit applicants. The use of this right is to exclude, if provided in the grounds of the appeal is that a threat to the life or health is expected due to the special situation of the case despite the compliance of the contested decision.

(4) if the approval is lifted through a knowledge of the Administrative Court, so of the approval applicant may operate at the latest but a year-long, further the question up to the legal force of the replacement decision, if he operates the plant according to the standing approval. This does not apply if the Administrative Court had recognized in its process the suspensive effect of complaint.

(5) the Federal Ministry of economy, family and youth may adopt in consultation with the Federal Minister of agriculture and forestry, by regulation detailed provisions on the approval of certain types of investment environment and water management.

Trial

§ 26 (1) the authority may in an approval procedure pursuant to § 12, if necessary, under notices of payment due, appropriate conditions or conditions, before the approval of the establishment, operation, or a significant modification of the installation or of parts of this plant the necessary preparatory work (eg trial) or operate of a facility respectively for the purpose of development, testing of new methods or technologies permit, if 1 to the elaboration of the project work are required, or 2. the existence of the result of certain preparatory work for the decision of the Is essential and to accept is that the establishment and operation of the plant at notices of payment due certain requirements, conditions or time limitations will be allowed. For carrying out the preparatory work a proper is in the permit, to set the time actually begin this work a maximum of two years betragende time limit. The approval is also considered appropriate approval or prohibition of not accordance with anzuwendenden according to sections 13 and 16 for the preparatory work. A separate appeal is not permitted against the permit. The applicant only has party position.

(2) the authority shall extend the period referred to in paragraph 1 on the basis of a request made before the expiry of the period for a reasonable period, if due to the use of new technologies, unforeseen difficulties occur at the completion of the project. The deadline for the trial operation of the system shall not exceed seven years.

Future techniques

Section 27 (1) the authority may 10, 11 and 43 for the testing and application of emerging techniques with the circulation permit for a total period not exceeding nine months for systems with a fuel heat capacity of 50 MW or more temporary deviations from the conditions referred to in articles 9, that the application of these technologies is terminated after the set period of time or be achieved within the framework of the activity at least the emission levels associated with the best available techniques.

(2) the progress made in the development and application of emerging techniques are the Federal Ministry of economy to report family and youth connection of required documentation not later than 6 months after the expiry of the period granted in accordance with paragraph 1.

Geological storage of carbon dioxide

Section 28 (1) the application for the first approval of construction of a plant with an electrical power rating of 300 MW or more, has - in addition to the documents referred to in article 17 - information about a review to contain if the following conditions are met: 1. availability of suitable geological storage sites for CO2;

2. technical and economic feasibility of transport facilities for CO2;


3. technical and economic feasibility of retrofitting for CO2 capture.

(2) facilities for the capture and compression of CO2 are directly related facilities with the facilities referred to in article 1, paragraph 1.

(3) on the basis of the review referred to in paragraph 1, as well as other available information, in particular as regards the protection of the environment and of human health, the authority has to decide whether the conditions referred to in paragraph 1 are met Z 1 to 3 for a facility for the capture and compression of CO2.

(4) the conditions referred to in paragraph 1 exist Z 1 to 3, the authority with the wider in the permitting procedure pursuant to § 23 decision to set adequate space is provided on the premises of the applicant for a facility for the capture and compression of CO2 has.

(5) the conditions referred to in paragraph 1 are Z 1-3 not fulfilled, this represents no refusal reason of approval and has the level in the approval notice to contain no pursuant to paragraph 4.

Decommissioning

29. (1) without prejudice to the provisions of § 30c WRG 1959 in conjunction with the QZV chemistry GW has to set the authority of permit conditions to ensure for definitive cessation of activities the provisions of para 4 to 6 to adhere.

(2) if in the course of an activity relevant hazardous substances (§ 3 Z 16) used, generated or released, so the operator facing a possible contamination of the soil and groundwater on the site of the plant must produce a report on the State of the output and submit these to the authority with the application pursuant to § 17 para 2, or at the latest on the occasion of the updating of permit conditions in accordance with article 43.

(3) the report on the initial State has to contain the information needed to determine the State of soil and groundwater pollution, so that a quantified comparison with the condition of final cessation of activities referred to in paragraph 4 may be made without prejudice to the provisions of the WRG 1959. The report about the State of the output must contain at least the following information: 1. information about the current status of, and, if available, on the former use of the area;

2. if available, existing information on soil and groundwater measurements that reflect the State at the time of the preparation of the report, or alternatively new soil - and groundwater measurements of the possibility of contamination of soil and groundwater due to the dangerous substances which is used by the installation should be generated or released.

Information created in accordance with other national legislation or legislation of the European Union, meet the requirements of this paragraph, so this information in the report about the State of the output can be recorded or attached to this.

(4) in the case of final cessation of activities, the operator has to evaluate the State of soil and groundwater pollution by relevant dangerous substances which were used, generated or released by the plant. Through the significant soil or groundwater contamination specified condition caused with dangerous substances in comparison to that in the report on the initial state in accordance with paragraph 2, the operator has to take the necessary measures to eliminate this pollution due to the terrain in the initial state in accordance with paragraph 2. For this purpose, the technical feasibility of such measures can also be taken into account.

(5) unless the pollution of soil and groundwater on the site represents a serious threat to human health or the environment as a result of the approved activities, the operator has carried before the permit for the facility for the first time after section 43 has been updated, as has the operator for definitive cessation of activities without prejudice to the paragraph 4 and, taking into account the description of the condition of the site of the installation (§ 17 para 2 No. 4) for the site of the plant the necessary measures to eliminate , To ensure that the area considering pose no such danger more its current or approved future use prevention, containment or reduction of relevant hazardous substances.

(6) the operator is not obliged to prepare a report on the initial state in accordance with paragraph 2, he shall at the definitive cessation of activities, taking into account the description of the condition of the site of the installation (§ 17 para 2 No. 4) to meet, so the grounds, taking into account its current or approved future use for the site of the plant the necessary measures for the elimination, prevention, containment or reduction of relevant hazardous substances no serious risk to human health or the environment as a result of represents a pollution of soil and groundwater through the approved activities.

6 article

Notification procedure, permit elimination

Permit exemption

section 30. Systems for 1 heating oil extra light, light heating oil or 2. commercially available liquefied propane and butane and their mixtures or 3. natural gas, a natural gas with which natural gas transmission facilities pursuant to the gas Act 2011 (MLA 2011), Federal Law Gazette I no. 107, be operated with a fuel heat capacity of less than 1 MW, the obligation to obtain the licence pursuant to § 12 is eliminated without prejudice to the provisions of § 32. Such systems are however by a competent person in accordance with § 34 paragraph 2 prior to her commissioning. The findings of this visit is to convey the authority. A duplicate of the findings is to follow the plant's operator, who has to keep them for inspection at any time by the authority. Arises on the basis of the findings, that the plant does not comply with the provisions of this Federal Act and the regulations issued on its basis, as has the Authority accordingly in accordance with § 33 para 6 and 7 to proceed.

Subsequent changes

Section 31 (1) changes of operation (§ 3 Z 25) must be reported no later than four weeks before the authority of the operator. The authority shall at the latest after two months with notice to take this ad; This decision is a part of the permit notification. If necessary, the authority in the information notice has specific, appropriate requirements to meet the in the sections 13, 14, 23 (2) and 24 and in the regulations according to § 16 with anzuwendenden to grant requirements set. If for the display, the requirements are not met by this federal law, the authority has the measures or activities which are the subject of the display, to prohibit.

(2) in the permit notification are mandatory requirements on application with notice to repeal or amend, if and insofar as the conditions no longer exist for their notices of payment due.

Approval under other legislation

§ 32. For facilities, approval is required for their construction, commissioning or modification in accordance with trade, mountain - or waste-commercial, a separate approval is not necessary according to the provisions of sections 12 to 29, but the substantive provisions for granting the relevant authorization to apply. Such a permit is considered approval within the meaning of § 12.

4. main piece

Monitoring

General information

33. (1) the operating systems 1 for solid or liquid fuels, as well as for heating by means of heat with a fuel heat output of more than 100 kW or selected experts or bodies are 2 for gaseous fuels with a fuel heat output of more than 600 kW with respect to their emissions into the air by the operator from the list specified in § 34 ABS. 4 , the following experts called periodically to monitor. The monitoring includes an annual inspection of the plant and its components insofar as they are for the emissions or whose boundary of importance associated with controlling existing measurements or measuring registrations as well as emission measurements in accordance with § 35 par. 2 and 5.


(2) the expert pursuant to § 34 paragraph 2 have to issue written findings on the checks carried out and the results and submit the operator within three weeks after checking. The annually updated validated environmental statements by operators of environmental management system and audit scheme in accordance with § 34 paragraph 6 are equivalent to the written findings of the experts. The operator has at least three years to keep the findings for inspection by the authority. The findings are to present the authority upon its request or to deliver. Findings for installations with a fuel heat input of 50 MW or more are to submit the Agency electronically immediately by the operator. By the authority as sufficiently reviewed findings, if necessary complemented with messages in accordance with paragraph 5, can be used as reports of the preliminary site survey with regard to air pollution according to the environmental inspection plan pursuant to § 39 para 2. The authority has the weighted findings, if necessary in summary form, within four months after the preview site electronically to make them accessible. The Federal Minister of economy, family and youth has content regulation to regulate the form and provide the findings.

(3) experts are sworn to secrecy about all business known to them in the exercise of their Ministry and trade secrets, in particular about the them committed as facilities referred to secret, procedures and idiosyncrasies of the structures. They have the authority or the Federal Minister of economy, to inform family and youth on request about their activities and compliance with the applicable requirements.

(4) considered the authority on the basis of complaints or attaching by neighbors, official perceptions, evaluation of results, or structural or procedural changes to the plant approved additional validation for required, so she has to put this review carried out within six months of the operator under the assistance of an expert in by analogy with application of para 2 or even to make.

(5) deviations from the proper consensus States of the system resulting from the checks and the consensus accordance with condition not immediately be made, the expert has to inform the authority thereof without delay.

((6) if the emissions from the installation exceed the fixed limits and a) endanger the life or health of people or property or other real rights of neighbours, or b) to an unacceptable harassment of neighbors in the meaning of § 77 para 2 GewO 1994 lead, so the authority decision immediately to arrange the operation of the system is as long as restricted or terminated , until the proper operation is again possible. No suspensive effect comes to a right of appeal against such a decision.

(7) in all other than the cases specified in paragraph 6, the authority has to give a reasonable period of time, within which the consensus accordance with condition of the plant must be made. This arrangement is not timely met, so 6 is mutatis mutandis according to para to proceed.

(8) the authority shall order the closure of the plant with notice if the operator or its continue to violate administrative penal code 1991 (VStG), BGBl. No. 52, persons responsible despite multiple but at least three punishment in accordance with § 44 pursuant to section 9 the specified statutory provisions.

(9) the authority shall monitor compliance with the provisions of paragraph 1. The operator is of 50 MW or more, no later than four weeks in advance to announce the dates of the visit of a plant with a fuel heat capacity the authority and to enable the authority to participate in the survey. The authority may proceed before site visits and non-routine environmental inspections, according to the environmental inspection plan in accordance with section 39 paragraph 2 with regard to air pollution even in systems with a fuel thermal input of 50 MW or more. Within four months after the preliminary site inspection are to create written findings under application of the regulation referred to in paragraph 2 and to make available electronically.

(10) for installations with a fuel heat input of 50 MW or more establishing the monitoring of emissions into water and ground according to the management regulations for that purpose.

Requirements for experts

34. (1) the experts have equipment operators assigned them in writing to confirm that they meet the stated requirements in accordance with paragraph 2 to 4 on the system to be monitored.

(2) experts are the following persons or institutions, which in addition meet the requirements of paragraph 3 and 4: 1 accredited bodies in accordance with the accreditation Act 2012 (AkkG 2012), Federal Law Gazette I no. 28, according to the scope of their accreditation.

2. civil engineer of relevant powers;

3. technical offices/engineering offices of the relevant specialist area;

4. trader for steam boiler plants, unless they are authorized to carry out these checks (article 33); only for steam boiler plants, whose fuel heat output does not exceed 10 MW;

5. experts in accordance with paragraph 5.

(3) experts or their responsible organs fulfil additional requirements to carry out the monitoring activity, when the equipment required and the necessary expertise for the respective measurements and investigations is available, there is a minimum one-year experience in the field of the analysis, there are no conflicts of interest, in particular no dependency relationship with the operator or owner is given, only validated measuring methods are used, a quality assurance system is set up and the measurements and monitoring results be documented comprehensible. Quality assurance measures are sufficient instead of a quality assurance system for the monitoring of systems with a fuel heat capacity of not more than 10 MW. The quality assurance systems and quality assurance measures have to be considered for the measurement of the relevant national implementation of CEN or ISO standards as well as national standards (in that order).

(4) the experts have the Federal Minister for the economy, to confirm compliance with the requirements referred to in paragraph 2, 3 and 5, where appropriate, family and youth and to inform what day they exercise the monitoring activity. The Federal Minister of economy, family and youth has to maintain a list of experts, as well as to publish the list in an appropriate manner. An expert is the pursuit of monitoring activities, he has the Federal Minister of economy this, inform family and youth.

(5) the provisions of paragraphs 1 to 4 apply to expert of a Member State of the European Union or of another State which is party to the EEA Agreement, Federal Law Gazette No. 909/1993, is. These experts must be familiar with the provisions of this Federal Act and state-recognised in their country for similar activities.

(6) the operator of a facility complies with its obligation under article 33, paragraph 1 also when 1 he an environmental management system and audit scheme in accordance with Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and environmental audit and repealing Regulation (EC) No. 761/2001, as well as the decisions of the Commission 2001/681/EC and 2006/193/EC , OJ No. L 342 of the 22.12.2009 S. 1 runs, 2. the documentation of audit not older than three years are, 3 from the documents on the audit stating that also the compliance of the system with the permit was reviewed during this test and 4 by suitable technically competent persons or bodies within the meaning of paragraph 3, which must be separated organizationally within the company , carried out the monitoring referred to in article 33.

(7) further provisions on the requirements for experts, as well as the written confirmation referred to in paragraph 1 can be taken by the Federal Ministry of economy, family and youth with regulation.

(8) by way of derogation from paragraph 1 to 6 the Federal Minister can for economy, family and youth in agreement with the Federal Minister for agriculture and forestry, environment and water management for steam boilers, insert the waste, to account for waste-specific tasks, by regulation designate other experts and meet separate requirements for this.

(9) experts, authorized no. 150/2004, for the performance of their duties I emission protection law for boiler plants (EC-K), Federal Law Gazette pursuant to § 14 para 2 were, are entitled to exercise the monitoring activities referred to in § 33 of this federal law according to its power.

Emission measurements


Section 35 (1) the provisions of para 2 to 6 specifications measurements of emissions in the air are taken. Requirements for the measurement of emissions to water and soil for installations with a fuel heat input of 50 MW or more set up for that purpose administrative regulation (article 16).

(2) the authority has to set whether and to what extent acceptance measurements, as well as recurring or continuous emission measurements on the system must be in the permit notification using a regulation referred to in paragraph 6. Emission measurements are also carried out if the experts on the occasion of a review pursuant to section 33 has reason to believe that exceed the required emission limit values in the operation.

(3) in the case of the approval of preparatory work (E.g. a trial operation) has the authority within the framework of the preparation of acceptance tests of all those issues for which pursuant to §§ 23, para. 2 and 24 in the permit limits are, making. Acceptance measurements can be omitted if the secure proof of the compliance with the limit values can be done otherwise.

(4) in the case of systems with a fuel heat capacity larger 2 MW, for which no continuous emission measurements are mandatory and which are equipped with electric separators, filtering separators or wet working separators are the governing the function of the vagina sizes of a continuous measurement with data recording to undergo.

(5) in the case of plants, whose fuel thermal power exceeds 1 MW, para 1 and 4 at regular time intervals are without prejudice to the provisions of § 33, but at least every five years, at a fuel heat output of more than 2 MW at least every three years, measurements of emissions, for which limit values prescribed are carried out by an expert.

(6) the Federal Ministry of economy, family and youth meets the necessary for the implementation of the emission measurements of emissions in the air surrounding regulations, in particular about the measurement procedures 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 in the agreement with the Federal Minister of agriculture and forestry, environment and water management.

(7) measurement reports and findings on emission measurements in accordance with paragraph 2 to 6 are used in the cohesion monitoring in accordance with § 33 as proof of compliance with the relevant permit conditions according to the environmental inspection plan in accordance with section 39 paragraph 2 with regard to air pollution.

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Obligations of the operator

General information

Each operator of an installation has 36. (1) for proper operation and for the compliance with the limit values laid down in this Act, the previous adopted implementing regulations and in the permit notification for the emissions, to ensure compliance with any in the permit notification of made conditions as well as ensure, that all items of equipment are properly maintained and controlled continuously in relation to their function.

(2) the operator of a plant has to initiate the review of the system in accordance with article 33, paragraph 1, the emission measurements in accordance with § 35 and, where appropriate, the inspection according to § 30. The cost of the checks, it must bear emission measurements and the tour.

(3) the operator has during the period of operation to allow access to the system of the authority or the previous contracted experts and to provide access to all the emissions of the installation concerned records that are in a book.

(4) the operator immediately any errors with significant exceeding of emission limit values has the Authority (§ 23 para 2 Z 8) report.

(5) the failure of exhaust gas cleaning equipment, which does not resolve is expected within 24 hours, is the authority without delay, at the latest within 48 hours to sign.

(6) errors occur in the operation of the plant, causing an excess of permissible emissions, the operator shall immediately to get the correct of the interference. It is foreseeable that by interfering the set emission limit values be exceeded more than 24 hours significantly, as has the operator immediately to restrict the operation of the system or to interrupt or to switch to cleaner fuels. If a flue gas purification exists, the entire length of time operation of the system without fully functional flue gas purification may be a maximum of 120 hours within a 12-month period.

(7) the authority may extend by way of derogation request to para 6 in each individual case, taking into account of the Immissions situation in the period of 24 hours and 120 hours, if an overriding need to maintain energy supplies is given according to the authority, or the equipment in which the failure of the flue gas purification system occurred, would be replaced for a limited period by another plant , which would cause an overall increase in emissions.

(8) by way of derogation from para 6 and 7 the Federal Minister can for economy, family and youth in agreement with the Federal Minister for agriculture and forestry, environment and water management for steam boilers, insert the waste, regulation meet separate requirements.

(9) If a plant is finally closed, the operators of the authority has to inform the measures taken or envisaged in accordance with section 29.

Noise measurements

Section 37 (1) the operator of a facility with a fuel thermal input of 50 MW or more, which in a metropolitan area in accordance with article 3, par. 3 of the Federal Environment noise protection Act (Federal LärmG), Federal Law Gazette I no. 60/2005, with more than 250 000 inhabitants is situated, has until at the latest four weeks after the final approval of this facility or after the final approval of a substantial change of this facility of the authority the noise emissions from this facility (based on the noise source and the investment limit) and to report their sources. The Agency has to review the reports on plausibility and promptly forward to the Federal Minister of economy, family and youth.

(2) the operator of a facility with a fuel thermal input of 50 MW or more, which is federal LärmG with more than 100 000 inhabitants, in a metropolitan area according to § 3 para 3 has the noise emissions from this facility until at the latest four weeks after the final approval of this facility or after the final approval of a substantial change of this facility of the Authority (based on the noise source and the investment limit) and to report their sources. The Agency has to review the reports on plausibility and promptly forward to the Federal Minister of economy, family and youth.

(3) you are from a plant with a fuel thermal input of 50 MW or more noise emissions as Lden (day evening night noise indicator) and Lnight (night-time noise indicator) in the meaning of the regulation in accordance with § 11 of the investment limit to specify Federal LärmG. The indication of the respective value is required only for those issues of investment limit, where the paintings the value of 55 dB, A weighted, and or reaches the value of 50 dB, A weighted, or exceed, the Lnight otherwise well-founded claim that meets that of the Lden the value of 55 dB, A weighted, and or or the Lnight is below the value of 50 dB, A weighted,. There are to be required for the calculation of the propagation further sound specifications related to the system (E.g., noise, sound pressure level, emission points and information relevant noise barriers located on the plant grounds) upon request by the authority.

Emission statement

Section 38 (1) the operator of an operating system, whose fuel thermal power exceeds 2 MW, has to submit an emission Declaration on the emission behavior of this system electronically to the authority annually. By way of derogation from this obligation applies for systems that operate Z 1-3 listed fuels with the in article 30 only from a fuel heat capacity of 10 MW or more. Systems pursuant to section 9 para 2 and 3 are the emission times separately. The results of the monitoring (section 33) are in addition to specify in systems with a fuel thermal input of 50 MW or more.

(2) the Federal Minister for economy, family and youth has content, scope, form, delivery address and date of the Declaration of issue, when determining the emissions to be followed procedures as well as content and form of the plant book closer to working it out in agreement with the Federal Minister of agriculture and forestry, environment and water management through regulation.

(3) the authority has the authorities responsible for the enforcement of bundesgesetzlicher legislation in the area of air pollution on request to inform the data of emission Declaration. Data, which allow inferences to operational or business secrets may not be published without the consent of the operator. The provisions of the information disclosure law, BGBl. No. 287/1987, I data protection Act 2000 (DSG 2000), Federal Law Gazette No. 165/1999 and of the UIG are thus not affected.


(4) the authority shall check the submitted emission statements three months after their receipt for completeness and plausibility.

(5) which has Environment Agency GmbH for the fulfilment of their tasks pursuant to § 6 par. 2 environmental control Act, Federal Law Gazette I no. 152/1998, a right of access to the submitted emission declarations.

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Requirements in accordance with other legal provisions of the Federation

Measures after the GewO 1994

Section 39 (1) for installations whose operation the dangerous substances mentioned in the annex 5 GewO 1994 at least in a 1 in the Appendix 5 of part 1 column 2 and part 2 column 2 GewO 1994 or 2 in the Appendix 5 part 1 column 3 and part 2 column 3 GewO 1994 quantity are available, are to apply the provisions of articles 84a to 84f GewO 1994, as well as a regulation adopted pursuant to § 84 d section 7 GewO 1994.

(2) for environmental inspections in accordance with the directive on industrial emissions, the provisions of the GewO concerning environmental inspections are without prejudice to the articles 33 and 35 in 1994 to apply.

Measures for the IG-L

section 40. The operator of a licensed facility which in a redevelopment area, is by orders of a regulation in accordance with § 10 IG-L affected, to apply, if necessary, by a decision, the authority has to submit a restructuring plan for the plant to comply with these orders within a period appropriate to the time required for that purpose. This is suitable, for the fulfilment of orders the authority has the operators in the notification with the rehabilitation, if necessary, approved under certain conditions, notices of payment due to apply the implementation of approved redevelopment during the renovation period, resulting from the regulation in accordance with § 10 IG-L or IG-L results from the programme referred to in Article 9a.

Waste incineration

41. (1) sections 9 and 10 do not apply to steam boilers that burn waste in accordance with the provisions of the AWG 2002 or with burn. This excludes systems where only waste according to § 3 No. 9 lit. b be incinerated or co-incinerated.

(2) regulations or the provisions of the regulation specifically referring to facilities in which waste is incinerated or co-incinerated, who are mainly regulations or provisions that are generally applicable systems.

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Adaptation to the best available techniques

Review of permit conditions

Systems with a fuel heat capacity of 50 MW or more are 42. (1) after publishing new decisions on BAT conclusions pursuant to § 5 para 1 the authority a review and, if necessary, an update of their permit within the meaning of the provisions of § 43.

(2) the operator has the authority on request all information necessary for the review of permit conditions, in particular, results of the emissions monitoring and other data that enable her comparison of the operation of the system with the best available techniques as described in the applicable bat conclusions and with the best available techniques, to deliver associated emission levels.

(3) the authority has for the validation of the permit in the course of monitoring (section 33) and with the emission Declaration to consult information obtained (§ 38).

Updating of permit conditions

43. (1) a fuel heat capacity of 50 MW or more have to comply with the applicable best available techniques thus defined within four years after release new decisions on BAT conclusions pursuant to § 5 para 1 to the main activity of the plant.

(2) the operator of a plant has to consider a change of best available techniques concerning his investment within a year and to report the Authority 1 and to demonstrate that its plant is already complies with the new bat conclusions, or propose adaptation measures still to be taken 2.

Under the conditions of article 10, paragraph 2, of the operators of the bat conclusions can apply for different adaptation measures or a longer adjustment period.

(3) the authority has planned or undertaken measures to ensure that 1 checked all permit requirements for the installation and, if necessary, up to date be brought, to ensure in particular compliance with the article 10 for which the operator;

2. the installation complies with the conditions of this permit.

(4) in the case of the review pursuant to paragraph 3, to take into account is all bat conclusions that were applicable to the installation and since the exhibition or the last review of the approval of new or updated.

(5) the authority shall within six months after receipt of the notification of the operator referred to in paragraph 2 in addition to the permit conditions by virtue either with notice to determine that the installation complies with the new bat conclusions, or to arrange the actions corresponding to the new bat conclusions with notice but.

(6) If a plant collected by no bat conclusions, you are to review permit requirements and, if necessary, to update, if developments in the best available techniques allow a significant reduction of in emissions.

(7) the permit conditions are to check at least in the following situations and, if necessary, to update: 1. the environmental pollution caused by the facility is so strong that the emission limit values set in the permit; be checked or provided for in the approval of new emission limit values

2. the operational safety requires other techniques;

3. it was the implementation of a new or revised environmental quality standards in the IG-L.

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Penalties and enforcement

Penal provisions

Section 44 (1) an administrative offence are guilty and is, unless the Act or omission is not threatened under other provisions more stringent punishment to punish 1 up to 1 000 euro fine by the district administrative authority, who does not fulfil the obligations laid down in § 9 para 2 to 4, article 31, paragraph 1, § 33 paragraph 9, § 36 para 1 to 6 and 9, article 37, paragraph 1 and 2 or article 38, paragraph 1; a violation of the rule of § 36 para 6 is not punishable; stated fuel thermal capacity for steam boilers with lower than those in the article 33, paragraph 1

2. up to 4 000 euro to punish, who a) a restructuring plan in accordance with section 40, or b) a report pursuant to § 29 par. 2 and 3, or c) information according to § 42 para 2, or d) reports or representations of adaptation measures in accordance with article 43, paragraph 2, or e) as expert findings to the authority in accordance with section 30 or section 33, para. 5, or f) as operator not or not timely submit findings to the authority pursuant to section 33, paragraph 2;

3. up to 8 000 euro to punish, who a) the emission limit values set for the facility in accordance with § 6, par. 13, § 9, § 23 para 2 No. 3, § 24 Z 1, § 25 para 2, § 26 para 1, article 27, paragraph 1, article 31, paragraph 1 does not comply, or b) his conditioning not according to § 33 section 1 or section 35 (4) monitor can be, or c) bids or prohibitions of the regulations adopted pursuant to section 4 (4) or section 6 para 10 or in accordance with the provisions of § 6 paragraph 11, § 23 para 2 Z 1, 2, 4 to 11, section 24 requirements prescribed Z 2-10, § 25 para 2, § 26 para 1, § 27 para 1 or § 36 paragraph 7 in the notification does not comply, or d) exerts a monitoring activity contrary to the provisions of § 33 para 2, 3 or 5, article 34 paragraph 1 to 6, or e) built equipment not according to the requirements of § 4 para 1 to 3 , equip or operates, or f) facilities according to § 30 before their use by an expert visit leaves, or g) other than the above disregards these commandments or bans of this Federal Act or regulations adopted on its basis or notices; If this but no higher impairment of neighbours by emissions, as this would be the case in compliance with the instructions or prohibitions, the maximum penalty is 800 euros;

4. up to 40 000 euros to punish, who a) an approval system without the required approval in accordance with § 12, § 25 para 2 to 4 or § 26 para 1 built, substantially changes or operates, or b) measures in accordance with § 29 para 4 to 6 not performing, or c) an approval system without notice according to § 31 changes or operates, or d) followed an order issued pursuant to section 40 does not or not timely , or e) adapts a system according to the requirements of section 43.

(2) upon failure to comply with the provisions of § 39 para 1, § 367 Z is 25, 55, 56 and 57 GewO 1994 application, provided that the Act is not threatened under another provision with more severe penalty.

Authorities

§ 45. authority of first instance within the meaning of this Federal Act is the district administrative authority. Authority within the meaning of this Federal Act is equipment gewerbe-, covered by mountain - or waste-legal provisions, each authority under those provisions.

Enforcement

§ 46. With the completion of this federal law is 1.

in terms of §§ 4 para 4, 6 para of 10, 10 para of 6, 25 para of 5, 34 para of 8, 35 para of 6, 36 paragraph of 8 and 38 para 2 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management, 2. with respect to articles 32 and 45 of the Federal Ministry of economy, family and youth or the Federal Minister of agriculture and forestry , Environment and water management, each within its area of effect, 3. Moreover entrusted to the Federal Minister of economy, family and youth.

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Final provisions

Entry into force

§ 47. This federal law shall enter into force the day following the announcement.

Expiry of

48. (1) the emission protection law for boiler plants (EC-K), Federal Law Gazette I no. 150/2004, last amended by Federal Law Gazette II No. 153/2011, appears - notwithstanding paragraph 5 - on the day of the proclamation of this Act overrides.

(2) the air clean holding Act for boiler plants (LRG-K), Federal Law Gazette No. 380/1988, last amended by Federal Law Gazette I no. 150/2004, enters at the end of 31 December 2013 override.

(3) the air pollution control Ordinance for boiler systems, 1989 (LRV-K), Federal Law Gazette No. 19/1989, as last amended by Federal Law Gazette II No. 153/2011, shall - without prejudice to paragraph 6 - on the day of the proclamation of this Act except the power.

(4) the Ordinance on special licensing requirements for systems with an electrical power rating of 300 MW or more, Federal Law Gazette II No. 231/2011, shall on the day of the proclamation of this Act overrides.

(5) with respect to systems with a fuel heat capacity of 50 MW or more for before January 7, 2013, a permit be granted or taken at the latest on the 7 January 2014 in operation for a complete application for a permit made by their operators before that date and which, are the provisions of the EC-K, Federal Law Gazette I no 150/2004, 7 January 2014 to apply; § 24 para 4, 5 and 7 is also apply until 31 December 2015.

(6) in respect of the provisions of section V (Cap) and the provisions of section VI (chimney heights), the LRV-K for systems with a fuel heat capacity of less than 50 MW is to apply until 31 December 2015.

Continuing validity

49. (1) the waste combustion Regulation (AVV), Federal Law Gazette II No. 389/2002, as last amended by Federal Law Gazette II No. 476/2010, apply them pursuant to regulations of the EC K, Federal Law Gazette I no was adopted 150/2004, until the entry into force of a regulation replacing them pursuant to §§ 4 para 4, 6 para of 10, 10 para 6, 25 paragraph 5, 34 para 7 and 8, 35 para. 6 , 36 paragraph of 8 and 38 para 2 as federal law further.

(2) the Emissionsmessverordnung air (EMC-L), Federal Law Gazette II No. 153/2011, continues to apply until the entry into force of a regulation replacing them pursuant to § 35 para 6 as federal law.

(3) the emission Declaration Regulation (EEV), Federal Law Gazette II No. 292/2007, continues to apply until the entry into force of a regulation replacing it according to § 33 para 2, 34 para of 7, 35 para of 6 and 38 para 2 as federal law.

Existing authorisations

Section 50 (1) permits existing at the time of entry into force of this law until its validity without prejudice on the basis of §§ 4 para 4, regulations with 6 para of 10, 10 para of 6 and 35 para. 6 and §§ 9, 40 and 43 expiry upright.

(2) process not completed at the time of entry into force of this federal law are to continue according to the provisions of this Federal Act.

References

As far as other federal laws is referenced in this federal law provisions, they are 51. (1) in their currently valid version to apply.

(2) as far as the EC-K is referenced in other federal laws and regulations provisions, the appropriate provisions of this Federal Act appear in their place.

Linguistic equal treatment

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

Implementation of legal acts of the European Union

section 53. By this federal law, following legal acts of the European Union are implemented: 1. 2010/75/CE directive on industrial emissions (integrated pollution prevention and control of pollution), OJ No. L 334 of the 17.12.2010 p. 17, as amended by the amending OJ No. L 158 of the 19.06.2012 p. 25;

2. Directive 2002/49/EC on the assessment and management of environmental noise - Declaration by the Commission in the Conciliation Committee on the directive on the assessment and management of environmental noise, OJ No L 189 of the 18.07.2002 p. 12, as last amended by Regulation (EC) No 1137/2008, OJ No. L 311 of November 21, 2008 p. 1;

3. Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, OJ No. L 10 of the iwhu p. 13, repealed by the 2012/18/CE directive, OJ No. L 197 of the 24.7.2012 p. 1;

4. Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC, OJ No. L 121 of the framework p. 13, as last amended by the directive of 2012/33/EC, OJ No. L 327 from the 27.11.2012 S. 1 and 5. directive 2009/31/EC on the geological storage of carbon dioxide and amending Directive 85/337/EEC as well as directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC and Regulation (EC) No 1013/2006, OJ No. L 140 of the 05.06.2009 S. 114, as amended by the directive of 2011/92/EC, OJ L 26 of the 28.01.2012 p. 1.

Fischer

Faymann