Change Of The Gewerbeordnung 1994

Original Language Title: Änderung der Gewerbeordnung 1994

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125. Federal law, which amalgated the 1994 trade order

The National Council has decided:

The Industrial Regulations 1994-GewO 1994 (WV), BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No 85/2013, shall be amended as follows:

1. In § 71a (1), after the words "State of the art" the parenthesis expression "(best available techniques-BVT)" inserted.

2. According to § 71a, the following § § 71b and § 71c are inserted:

" § 71b. In the sense of this federal law, are

1.

"IPPC plant" one in the Appendix 3 Operating system or those parts of an operating system in which one or more of the operating systems listed in the Appendix 3 activities referred to in this Federal Act, as well as other directly related, technical-related activities that may have an impact on emissions and pollution;

2.

"BAT reference sheet" means an industrial emissions (integrated pollution prevention and control), in accordance with Article 13 of Directive 2010 /75/EU, OJ L 124, 20.5.2010, p. No. 17, as amended by the corrigendum OJ L 376, 27.12.2010, p. No. 25., which produces information on the exchange of information, which is drawn up for certain activities and, in particular, the techniques used, the current emission and consumption levels, which are used for the definition of the State of the art as well as the BAT conclusions (Z 3) considered techniques as well as all future techniques (Z 5), whereby the criteria in the Appendix 6 is particularly taken into account in this federal law;

3.

"BAT conclusions" means a document containing the parts of a BAT information sheet containing the conclusions on the state of the art, its description, information on the assessment of its applicability, the techniques available with the best available techniques the emission values, the accompanying monitoring measures, the associated consumption values and, where appropriate, relevant site-remediation measures;

4.

"emission values associated with the best available techniques" means the range of emission values which, under normal operating conditions, using a measure or a combination of measures according to the state of the art, are description in the BAT conclusions, expressed as a mean value for a given period under specific reference conditions;

5.

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

6.

"dangerous substances" means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC, and amending the Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006 1, as last amended by Regulation (EU) No 618/2012, OJ L 327, 31.12.2008, p. 179 of 11.07.2012 p. 3;

7.

"baseline report" information on the state of pollution of the soil and groundwater by the relevant dangerous substances (Z 6);

8.

"soil" means the uppermost layer of the earth's crust located between the ground rock and the surface; the soil is composed of mineral particles, organic material, water, air and living organisms;

9.

"environmental inspections" means all measures, including on-the-spot inspections, monitoring of emissions and verification of internal reports and follow-up documents, verification of self-control, examination of the techniques used and the suitability of the Environmental management of the IPPC plant, which shall be taken by the Authority or in its name for consideration and promotion of compliance with the approval consensus by IPPC installations and, where appropriate, for monitoring its environmental impact;

10.

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

§ 71c. (1) The BAT conclusions contained in the BAT reference pages are the reference documents for the approval, the substantial change and the adjustment (§ 81b) of IPPC installations with the date of publication in the Official Journal of the European Union , Pending the existence of BAT conclusions within the meaning of the first sentence, with the exception of the setting of emission limit values in accordance with Section 77b (2) and (3)-conclusions on the state of the art from BAT reference pages, which are published by the European Commission before 6 They were adopted in January 2011, as reference documents for the approval or the substantial modification of IPPC systems.

(2) The Federal Minister for Economic Affairs, Family and Youth publishes the references of the BVT-Conclusions and BVT-Merkblätter relevant for IPPC plants on the homepage of the Federal Ministry for Economic Affairs, Family and Youth. "

§ 77a reads:

" § 77a. (1) In the letter of approval in which the received opinions (§ 356a (2) and (4)) are to be taken into consideration, beyond § 77, it is necessary to ensure that IPPC systems are constructed, operated and abandoned in such a way that:

1.

all appropriate preventive measures against environmental pollution, in particular through the use of technological processes, facilities and modes of operation corresponding to the state of the art, and through the efficient use of energy, ,

2.

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

3.

the necessary measures are taken in order to avoid the risk of environmental pollution when the IPPC plant is released and to restore a satisfactory state of the IPPC plant site within the meaning of Section 83a.

(2) Insofar as not already provided in accordance with paragraph 1, the notice of approval for IPPC installations shall contain:

1.

in any case, the state of the art emission limit values for the Appendix 4 Pollutants referred to in this Federal Act and other pollutants, provided that they can be emitted in a relevant quantity by the IPPC plant, with the possible relocation of the pollution from one medium (water, air, soil) to another , in order to contribute to a high level of protection of the environment as a whole; where appropriate, other technical measures corresponding to the state of the art may be provided for, resulting in an equivalent result, the technical nature of the IPPC plant concerned, its to take into account the geographical location and the local environmental conditions;

2.

requirements for the monitoring of emissions (including measurement methodology, measurement frequency and evaluation procedures, as well as in the cases of § 77b (2) Z 2 of the requirement that the results of the monitoring of emissions for the same periods and the reference conditions must be available as for the emission values associated with the best available techniques); the monitoring requirements shall be based, where appropriate, on the monitoring requirements set out in the BAT conclusions;

3.

the obligation of the holder to submit the following documents to the Authority on a regular basis, at least once a year:

a)

information based on the results of the emission monitoring (Z 2) and any other necessary data enabling the Authority to verify compliance with the state of the situation; and

b)

in the cases referred to in Article 77b (2) (2), a summary of the results of the emission monitoring system, which makes it possible to compare the emission values associated with the best available techniques;

4.

appropriate requirements for the protection of soil and groundwater, as well as appropriate requirements for regular maintenance and monitoring of the measures to prevent soil and groundwater pollution;

5.

adequate requirements for the recurrent monitoring of the soil and groundwater on the relevant hazardous substances (§ 71b Z 6), which are likely to be encountered on the spot, taking into account possible soil and Groundwater pollution on the site of the IPPC investment; the periodic monitoring must be carried out at least every five years for the ground water and at least every ten years for the soil, unless such monitoring is carried out on the basis of: a systematic assessment of the risk of pollution;

6.

Measures for other than normal operating conditions.

(3) If the approval decision is based on a state of the art, which is not described in any of the relevant BAT conclusions, it must be ensured that the technology applied and the way in which the IPPC plant is planned, shall be constructed, maintained, operated and abandoned, taking into account the Appendix 6 The requirements of § 77b are met and the requirements of § 77b are met.

Where the relevant BAT conclusions do not contain any emission values associated with the best available techniques, it must be ensured that the technology established in accordance with paragraph 3 achieves an environmental protection level which is the same as in the shall be equivalent to the state of the art described in the relevant BAT conclusions.

(5) In the case of an activity or production process in an IPPC facility, no BAT conclusions are available, or if these conclusions do not cover all possible environmental impacts of the activity or process, the Authority shall, in accordance with the following conditions: Consultation of the licence holder the necessary conditions on the basis of the state of the art, taking into account the requirements of the Appendix 6 to the criteria set out in this federal law.

(6) In the notification of approval for IPPC installations, certain appropriate conditions beyond the state of the art shall be required if and to the extent that this is necessary in order to prevent the exceeding of an immission limit value established in accordance with Union law is required.

(7) In the editorial part of a daily newspaper widely used in the state, the Authority has announced that the decision on authorisation should be published in a periodically appearing newspaper published in the municipality concerned and on the Internet. for an IPPC facility within a specified period of at least six weeks at the authority of the Authority during the period of office for inspection. Business and business secrets are to be maintained. This announcement shall also contain information on the procedure for participation of the public. "

4. In accordance with § 77a the following § 77b is inserted:

" § 77b. (1) The emission limit values for pollutants within the meaning of Article 77a (2) (1) shall apply at the point at which emissions leave the IPPC plant parts, where any dilution before this point is not taken into account when setting the limit values . The emitted pollutant load is the criterion to be minimised. The water legislation remains unaffected.

(2) With regard to emission limit values within the meaning of Article 77a (2), one of the following measures shall ensure that emissions under normal operating conditions are the emission values associated with the best available techniques the BAT conclusions in accordance with Section 71c (1) do not exceed:

1.

Determination of emission limit values which do not exceed the emission values associated with the best available techniques; these emission limit values shall be set for the same or shorter periods and under the same reference conditions expressed in terms of the emission values associated with the best available techniques;

or

2.

Determination of emission limit values which differ from the emission limit values set out in Z 1 in respect of values, time periods and reference conditions; in this case, the Authority shall have at least annually the results of the emission control in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

(3) By way of derogation from paragraph 2, the Authority may, without prejudice to Section 77a (6), lay down, in special cases, less stringent emission limit values if an assessment shows that the achievement of the best available techniques Emission values according to the description in the BAT conclusions due to the geographical location and the local environmental conditions of the IPPC plant or the technical characteristics of the IPPC plant as measured by the environmental benefits to be disproportionate higher costs. In any case, it is necessary to ensure that no significant environmental pollution is caused and a high level of protection for the environment as a whole is achieved. The approval decision shall record the results of the assessment and justify the imposition of less stringent emission limit values in the sense of the first sentence and the conditions in question.

The Authority may, for a total period of not more than nine months, temporary derogations from the requirements referred to in paragraphs 2 and 3 and from the precautionary measures to be taken in accordance with Article 77a (1) (1) for the testing and application of Future techniques shall be approved provided that, after the specified period, the application of the technology concerned is terminated or at least the emission levels associated with the best available techniques are reached within the framework of the activity. "

5. In Section 79c (1) and (2), the word order shall be "Operating systems listed in Appendix 3 to this Federal Act" by the name "IPPC Assets" replaced.

6. § 81 (4) reads:

" (4) In the event of a change in accordance with paragraph 1 which is subject to authorisation but at least every seven years, the waste management concept shall be updated. The continuation of a valid environmental statement in accordance with Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS), OJ L 327, 30.12.2009, p. No. OJ No L 342, 22. 12. 2009, p. 1, is valid as a continuation within the meaning of this Federal Law. "

§ 81a reads:

" § 81a. In order to modify an IPPC asset:

1.

the substantial change (this is a change which may have significant adverse effects on humans or the environment) requires a permit within the meaning of § § 77a and 77b; the change approval has also approved the already approved to include an operating system to the extent that it is necessary to comply with the already approved operating system as a result of the change in respect of the interests defined in paragraph 77a (1); in any event, as a substantial change, a change which is necessary for the operation of the plant taken in the Appendix 3 to this federal law, if such a threshold is set in the Appendix 3 to this federal law;

2.

a change in the holding (which is the change in the nature or functioning or an extension of the plant which may have an impact on the environment only) shall be the authority of the operating plant owner four weeks before the date of , the Authority shall display this ad, if necessary in order to fulfil the requirements laid down in Articles 77a and 77b and in the administrative provisions to be applied in accordance with Article 356b (1), with the provision of certain appropriate orders, to be informed; this communication shall form part of the approval notices;

3.

to a change not covered by Z 1 or under Z 2 is to be applied to § 81, provided that the conditions are met. "

8. § 81b reads:

" § 81b. (1) Within one year of the publication of BAT conclusions on the main activity of an IPPC plant, the holder of the facility shall inform the Authority whether the state of the art relating to its IPPC plant has changed; the communication shall, where appropriate, have the request for the establishment of less stringent emission limit values within the meaning of section 77b (3). Where appropriate, the adaptation measures necessary for adaptation to the state of the art must be taken immediately. The communication and adaptation measures shall also take account of the BAT conclusions concerning the IPPC Annex, the release or updating of which have been published since the approval or since the last adjustment of the IPPC system. . § 81a shall remain unaffected.

At the request of the Authority, the holder of the plant shall have all the information necessary for the review of the permit conditions, in particular the results of the emission monitoring and any other data relating to a comparison of the operation of the To communicate with the state of the art in accordance with the applicable BAT conclusions and with the emission values associated with the best available techniques.

(3) The verification of the authority that the owner of the plant has not sufficiently taken measures within the meaning of the first paragraph, or if this is necessary with a view to an advance of emission limit values within the meaning of section 77b, shall have the following: The Authority shall be informed of appropriate measures. § 81a shall not apply to the implementation of such administrative measures. Under the conditions laid down in Article 77b (3), less stringent emission limit values may be laid down on request within the meaning of the first sentence of paragraph 1 of the second sentence, which shall be reassessed in the course of the next adjustment within the meaning of these provisions. For the purpose of the review of the IPPC system, the Authority shall use the information obtained in the course of monitoring or environmental inspections (Section 82a).

(4) The measures referred to in paragraphs 1 and 3 must ensure that, within four years of the publication of the BAT conclusions on the main activity of the IPPC system, the IPPC plant meets the requirements referred to in paragraphs 1 and 2. and 3.

(5) Where the Authority, when adjusting the permit conditions referred to in these provisions, finds, in justified cases, that more than four years from the publication of BAT conclusions concerning the introduction of new best available techniques, , it may, in accordance with the provisions of Section 77b (3), lay down a longer period of time in the permit conditions. The objectives and principles set out in § 77a (1) are to be taken into consideration.

(6) In any event, the Authority shall also review the consensus of the IPPC annex and, if necessary, arrange for appropriate adaptation measures within the meaning of paragraph 3, if:

1.

operational safety requires the use of other techniques,

2.

this is necessary in order to prevent the exceeding of a new or amended EU immission limit within the meaning of Article 77a (6);

3.

the IPPC plant is not covered by any BVT conclusions and developments in the state of the art allow a significant reduction in emissions.

(7) If the measures to be set out in accordance with paragraphs 3 to 6 change an IPPC plant in its essence, the Authority shall apply Article 79 (3) in the appropriate manner.

(8) If the pollution caused by the installation (Section 71b Z 10) is so strong that new emission limit values have to be established, the Authority shall inform the holder of an IPPC annex with a view to presenting a concept for the implementation of to require adjustment measures within the meaning of paragraph 1 within a reasonable period of time; the presentation of this concept shall be deemed to be an application for the approval of a substantial change in accordance with Section 81a Z 1. In any event, the Authority shall set a reasonable time limit for the implementation of the adaptation measures in the notification of change. "

9. § 81c reads:

" § 81c. The holder of an IPPC facility shall immediately inform the Authority of any accident which is not covered by Section 8a and has a significant impact on the environment or incident which has a significant impact on the environment. It shall immediately take measures to limit the environmental impact and to avoid any further possible accidents or incidents. The Authority shall, if necessary, take appropriate measures to limit the environmental impact and to avoid any further possible accidents or incidents. "

10. § 81d reads:

" § 81d. (1) The holder of an IPPC facility shall immediately inform the Authority in the event of non-compliance with the approval consensus and shall immediately take the necessary measures to ensure that compliance with the requirements is so rapid to be restored as possible. The Authority shall, where appropriate, notify any further measures necessary to restore compliance with the approval consensus.

(2) Defects or deviations indicated in accordance with paragraph 1, for which suggestions are contained in the information for the immediate correction of the defects or for the immediate elimination of the deviations from the consenitional condition, do not form Administrative transgressions within the meaning of § 366 (1) (3) or (§ 367 Z 25), provided that the conditions for a measure are not fulfilled in accordance with Section 360 (4) and that the correction or elimination of the authority is established without delay. "

Section 82 (1) reads as follows:

" § 82. (1) The Federal Minister for Economic Affairs, the Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, by means of a Regulation for types of installations subject to authorisation, which are based on the state of the art (§ 71a) and the state of medical and other relevant sciences for the protection of the interests circumscribed in § 74 (2) and for the avoidance of environmental pressures (§ 69a) as well as those for adaptation to new or amended ones BVT-conclusions required detailed rules on the type of operation, the mode of operation, the equipment or the extent to which the emissions of installations or parts of equipment are to be emitted. For installations which have already been approved, provision should be made in such a regulation or derogations from the provisions of the regulations not covered by the next sentence, if they are based on the state of the art and the state of play of the installations. Medical and other relevant sciences, because of the disproportionate burden of compliance with the provisions of the Regulation concerned and the benefits to be achieved by this provision for the interests to be protected In any case, IPPC installations must comply with the requirements of section 77b . In order to avoid a danger to the life or health of the persons referred to in Article 74 (2) (1) of the Regulation, such measures as they would have to be required without regulation in accordance with § 79 of the Regulation shall apply to the provisions of the Regulation. , the Regulation shall not lay down any provisions or derogations which are different from those laid down in accordance with the provisions of this Regulation. "

(12) The following sentence shall be added to Article 82 (5):

"Section 77b (3) shall apply mutaly to IPPC annexes."

13. In accordance with § 82, the following § 82a is inserted:

" § 82a. (1) IPPC installations must be subject to periodic environmental inspections within the meaning of paragraphs 2 to 5; in respect of the recovery of experts, § § 52 to 53a AVG shall apply.

(2) On the basis of an inspection plan drawn up or updated in accordance with Section 63a (2) and (3) of the AWG 2002, the Governor of the State shall regularly draw up programmes for routine environmental inspections in which the frequency of the On-the-spot surveys for the different types of IPPC installations are specified. The period between two on-site visits has to be based on a systematic assessment of the environmental risks associated with the IPPC plant and may be one year at IPPC installations of the highest risk level and three years for IPPC installations of the IPPC plant. Do not exceed the lowest risk level. If an inspection finds that an IPPC plant is seriously in breach of the approval consensus, an additional on-site inspection must be carried out within the next six months following that inspection.

(3) The systematic assessment of environmental risks shall be based at least on the following criteria:

1.

the possible and actual effects of the IPPC installations on human health and the environment, taking into account the emission values and types, the sensitivity of the local environment and the risk of accidents;

2.

Previous compliance with the approval consensus;

3.

Participation of the IPPC plant owner in an environmental audit within the meaning of Regulation (EC) No 1221/2009 (EMAS) or an environmental audit in accordance with the ÖNORM EN ISO 14001 " Environmental Management Systems-Requirements with instructions for use (ISO 14001:2004 + Cor.1:2009) (consolidated version) " of the 15. 8. 2009 (available from the Austrian Standards Institute/Österreichische Normungsinstitut, Heinestraße 38, 1021 Vienna).

(4) Non-routine environmental inspections must be carried out in order to deal with complaints of serious environmental damage, serious environmental accidents and incidents, and infringements of the relevant legislation. as soon as possible and, where appropriate, before granting a permit, amending authorisation or adapting an IPPC facility within the meaning of Section 81b of the investigation.

(5) After each on-the-spot visit, the Authority shall have a report with relevant findings concerning compliance with the approval consensus by the IPPC annex concerned and conclusions on any need for further action create. Within two months of the on-the-spot survey, the report shall be forwarded to the IPPC plant owner for an opinion; within four months of the on-the-spot visit, the Authority shall announce the report on the Internet; In any event, this announcement shall contain a summary of the report and the indication of where further information is to be obtained. Business and business secrets are to be maintained. The Authority shall ensure that the IPPC asset holder takes the measures referred to in the report within a reasonable period of time. "

14. § 82b reads:

" § 82b. (1) The holder of an approved plant shall periodically check or have it checked whether it complies with the approval certificate and the commercial law otherwise applicable to the installation; the test shall be: also, if necessary, to extend the operating system to section 8a concerning the control of major-accident hazards and to include the provisions to be applied in accordance with Article 356b. Unless otherwise specified in the letter of approval or in the other provisions referred to above, the time limits for the periodic tests shall be six years for the installations covered by Article 359b and for five years for other approved Assets. A test certificate shall be drawn up for each periodic examination, which shall be accompanied by a complete documentation of the examination, showing in particular the extent and content of the test; this documentation shall constitute a the necessary part of the examination certificate.

(2) The periodic tests referred to in paragraph 1 shall be:

1.

Accredited bodies within the technical scope of their accreditation,

2.

government-authorized institutions,

3.

civil engineers or traders, each within the limits of their powers,

4.

the holder of the plant, provided he is suitable and competent, or

5.

other appropriate and professional members of the company

, Persons must be considered suitable and competent if they have the necessary technical knowledge and experience for the respective examination after their course of education and their previous activities, and also the guarantee of a conscientious To carry out the examination work.

(3) The examination certificate shall, unless otherwise specified in the approval certificate or in the commercial law provisions applicable to the installation, be certified by the holder of the plant until the next examination certificate is present in the plant shall keep the Authority ' s inspection certificate at all times; it shall forward the certificate of inspection of the Authority, at the request of the Authority, within the appropriate time limit to be determined by the Authority.

(4) Where defects or deviations from the consenitional condition are identified in the course of the examination, the examination certificate shall have appropriate proposals, including appropriate time limits, for the rectification of the deficiencies or for the elimination of the deviations. . The holder of the installation shall, in this case, immediately forward a copy of the certificate and a presentation of the measures taken and to be taken by the competent authority in this case.

(5) Defects or deviations indicated in accordance with paragraph 4, for which proposals for rectification of the defects or for the elimination of the deviations from the consenitional state are contained within a reasonable period of time in the examination certificate, do not form Administrative transgressions within the meaning of § 366 (1) (3) or (§ 367 Z 25), provided that the conditions for a measure are not available pursuant to Section 360 (4) and the remedy or disposal is proven within the reasonable period of time of the authority .

(6) The holder of an operating system shall comply with his obligation pursuant to paragraph 1, even if:

1.

it is the operating system of an environmental audit within the meaning of Regulation (EC) No 1221/2009 (EMAS) or an environmental audit as defined by the ÖNORM EN ISO 14001 " Environmental Management Systems-Requirements with guidance for application (ISO 14001:2004 + Cor.1:2009) (consolidated version) " of 15.8.2009,

2.

the environmental audit documents are not older than three years, and

3.

the documents relating to this environmental audit show that, within the framework of this examination, the conformity of the plant with the approval certificate and the commercial and industrial property otherwise applicable to the plant, and in accordance with § 356b the rules to be applied have been examined.

Paragraphs 3 to 5 shall apply mutatily. "

15. In accordance with § 83, the following § 83a is inserted:

" § 83a. (1) In the event of the dismissal of an IPPC system, the display of the holder of the facility pursuant to Section 83 (2) shall contain the following:

1.

In the event of a report on the initial condition referred to in section 353a (3), an assessment of the state of soil and groundwater pollution caused by relevant hazardous substances used, produced or released by the IPPC plant. Where significant soil and groundwater pollution with relevant hazardous substances (§ 71b Z 6) has been caused by the IPPC plant compared to the state indicated in the report on the initial condition, a presentation of the necessary Measures to eliminate this pollution in order to return the terrain to that condition.

2.

If a report on the initial condition is not available in accordance with section 353a (3), because the adjustment has not yet been carried out within the meaning of Section 81b or there is no obligation to draw up, an assessment as to whether the pollution of soil and groundwater is on the The site poses a serious threat to human health or the environment as a result of the approved activities. In the presence of a hazard, a presentation of the necessary measures for the elimination, prevention, control or reduction of relevant hazardous substances in order to ensure that the terrain is carried out, taking into account its current or approved future use no longer poses such a risk.

(2) If the holder of an IPPC facility does not show or carry out the assessment required pursuant to paragraph 1 (1) (1) (1) (1), the competent authority shall, in the event of a definitive cessation of the activities, not show or carry out any necessary measures. significant soil and groundwater pollution with relevant hazardous substances, in comparison with the state indicated in the report on the initial state, the necessary measures for the elimination of such pollution; in order to return the terrain to that condition. The technical feasibility of such measures may be taken into account.

(3) If the holder of an IPPC facility does not display or implement the assessment required pursuant to paragraph 1 (2) (2) or any necessary measures, the competent authority shall, in the case of a final cessation of the activities, not show or carry out any necessary measures. (i) take up the necessary measures to eliminate, prevent, reduce or reduce the relevant hazardous substances in order to ensure that the site is exposed to serious risks to human health or the environment; , taking into account its current or approved future use, no such danger is more.

(4) The Authority shall announce the measures taken on the Internet when an IPPC facility is released. "

16. § 84h reads:

" § 84h. Those who are required under this federal law or on the basis of administrative orders based thereon to carry out measurements or other appropriate procedures for the determination of emissions from its operating system and to keep records of such emissions or any other data relating to the plant, to the Authority, shall transmit such records and data in an appropriate form, at the request of the Authority, to the extent that this is necessary for the fulfilment of the reporting requirements of the Union is required. The template is free of charge. Business and business secrets are to be maintained. The Federal Minister for Economic Affairs, the Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, comply with the requirements of the required measurements or other appropriate measures by means of a Regulation. Procedures for the determination of emissions according to the types of plant or pollutant in question, of the type, structure and management of records or data, and the form of transmission; in so far as it is intended to: Community legal reporting requirements may be provided for in this Regulation Measurements or other appropriate procedures for the determination of emissions from operating facilities and the related recording requirements shall also be established for operating installations already approved. "

17. In § 87 (1) Z 4d the expression "Person and property damage" by the expression "Person, property or property damage" replaced.

18. In § 111 (5), last sentence, the point shall be replaced by a line-point and the following half-sentence shall be added:

"Changes to a mode of operation referred to in paragraph 2 to a mode of operation for which a certificate of competency for the regulated hospitality industry is required shall be notified in accordance with § 339."

19. § 112 (2c) last sentence reads:

"The provisions of paragraphs 2 to 2b and the regulations adopted pursuant to paragraph 2 shall apply to the activities referred to in Article 50 (1) Z 11 if more than eight delivery places are provided for this purpose."

20. In § 112, the following paragraph 3 is inserted:

" (3) para. 2 to 2b and regulations adopted pursuant to paragraph 2 shall not be applied to the activities covered by Article 111 (2) (2) (1), (3) and (6). The provisions of paragraphs 2 to 2b and the regulations issued in accordance with paragraph 2 shall not apply to the activities covered by Article 111 (2), (2), (4) and (5) if no more than eight delivery places are provided for this purpose. "

21. § 113 (8) reads:

" (8) (1) to (7) shall not apply to the activities referred to in Article 111 (2) (2) (1) and (6). Paragraph 6 shall not apply to the activities covered by Article 111 (2) (2) to (5). "

22. § 353a reads:

" § 353a. (1) Insofar as not already required in accordance with § 353, the application for a permit for an IPPC plant to be approved in accordance with § 77a shall contain the following information:

1.

the substances and energy used or produced in the plant;

2.

a description of the condition of the operating plant site;

3.

A report on the initial state (para. 3) in view of possible pollution of the soil and groundwater on the plant site, if relevant hazardous substances (§ 71b Z 6) are used, produced or released in the IPPC plant;

4.

the sources of emissions from the plant;

5.

the nature and quantity of foreseeable emissions from the plant to each environmental medium;

6.

the likely significant impact of emissions on the environment;

7.

Measures to monitor emissions;

8.

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

9.

other measures for the fulfilment of the conditions laid down in § 77a;

10.

the main alternatives, where appropriate, to the proposed technologies, techniques and measures being examined by the applicant, in an overview;

11.

a general summary of the above and of the above mentioned in accordance with § 353 Z 1 lit. a and lit. c required information.

If the provisions of the WRG 1959 are to be applied (Section 356b (1)), the licencerer has to show the basic features of the project to the water-management planning body even before the application for approval is submitted.

(2) Paragraph 1 shall apply mutatily to the application for the approval of a substantial change (§ 81a Z 1) of an IPPC system.

(3) The baseline report shall contain the information necessary to determine the level of soil and groundwater pollution, so as to provide a quantified comparison with the state of the IPPC installation. (§ 83a). The report must be

1.

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

2.

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

"

23. In Section 356a (1) and Section 356b (7), the phrase shall be: "plant listed in Appendix 3 to this Federal Law" by the name "IPPC Asset" replaced.

24. In Section 356a (1), the phrase "on the website of the Authority" through the phrase "on the Internet" replaced.

25. In Section 356b (1), at the end of Z 5, the point is replaced by a stroke, and the following Z 6 is inserted:

" 6.

Removal of roof, parking and street waters. "

26. In accordance with § 356c the following § 356d is inserted:

" § 356d In the case of the determination of less stringent emission limit values within the meaning of Section 77b (3) in an adjustment procedure in accordance with § 81b, § § 77a (7), § 356a and § 356b (7) shall apply. "

27. In § 359b (1), last sentence, the phrase "Operating facilities listed in Appendix 3 to this Federal Law" by the name "IPPC Assets" replaced.

28. In § 367 the following Z 24b and Z 24c are inserted after Z 24a:

" 24b.

Contrary to Section 81b (1), the communication does not reimburse or the adaptation measures required for adaptation to the state of the art are not met;

24c.

Contrary to Section 81d (1), the Authority shall not inform the Authority or take the necessary measures; "

29. In § 367 the following Z 25a shall be inserted after Z 25:

" 25a.

the certificate in accordance with § 82b does not, incomplete or with incorrect information, be drawn up; "

30. § 376 Z 48 (6) deleted.

31. The following Z 55 to Z 58 shall be added to § 376:

" 55.

(transitional arrangements for existing IPPC installations)

(1) The Appendix 3 on the 1994 trade order in the version prior to the entry into force of the Federal Law BGBl. I n ° 125/2013, IPPC installations subject to the expiry of the 7. Jänner 2013 have been approved by law or for those on 7. January 2013 was an authorisation procedure pending and the latest on the 7. Jänner 2014 was put into operation, are within the scope of the 7. The next adaptation of the IPPC plant within the meaning of § 81b of the IPPC plant will be adapted if necessary to the state of the art contained in the BVT conclusions.

(2) Not from the Appendix 3 on the 1994 trade order in the version prior to the entry into force of the Federal Law BGBl. I n ° 125/2013 recorded on 7 November 2013. In the context of the next adaptation of the IPPC system within the meaning of § 81b, which follows on 7 July 2015, IPPC plants already approved in January 2013 shall be adapted, if necessary, to the state of the art contained in the BVT conclusions.

(3) If relevant hazardous substances (§ 71b Z 6) are used, generated or released in an IPPC plant within the meaning of paragraph 1, the plant owner shall have a view to possible pollution of the soil and groundwater on the IPPC plant area. with that of the 7. The next adaptation of the IPPC plant within the meaning of Section 81b of a report on the initial condition and to submit it to the Authority in 2014.

(4) If relevant hazardous substances (§ 71b Z 6) are used, generated or released in an IPPC plant within the meaning of paragraph 2, the plant owner shall have a view to possible pollution of the soil and groundwater on the IPPC plant area to draw up a report on the initial state and to submit it to the Authority with the next adaptation of the IPPC plant within the meaning of Section 81b, which follows on 7 July 2015.

56.

With regard to the date of entry into force of the Federal Law BGBl. I n ° 125/2013 already published BAT conclusions begin the annual period within the meaning of Section 81b (1) first sentence with the date of entry into force of the Federal Law BGBl. I No 125/2013.

57.

§ 82b and § 367 Z 25a in the version of the Federal Law BGBl. I No 125/2013 are on audit certificates issued prior to the entry into force of the Federal Law BGBl. I No. 125/2013 were not to be applied; these certificates are valid until the entry into force of the Federal Law BGBl. I No 125/2013.

58.

§ 356b Para. 1 Z 6 in the version of the Federal Law BGBl. I n ° 125/2013 is on the date of the entry into force of the Federal Law BGBl. I n ° 125/2013, do not apply. "

32. The following paragraphs 60 to 64 shall be added to section 382:

" (60) By the Federal Law BGBl. I No 125/2013

1.

Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), OJ L 327, 30.4.2010, p. No. 17, as amended by the corrigendum OJ L 376, 27.12.2010, p. No. OJ L 158, 19.06.2012 p. 25 and

2.

Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 327, 28.12.1996, p. No. OJ L 197 of 24.07.2012 p. 1,

.

(61) § 71a (1), § 71b, § 71c, § 77a, § 77b, § 79c, § 81 (4), § 81a, § 81b, § 81c, § 81d, § 82a, § 82a, § 83a, § 84h, § 353a, § 356a para. 1, § 356b para. 1 and para. 7, § 356d, § 359b para. 1, § 367 Z 24b, Z 24c and Z 25a, § 376 Z 55, Z 56, Z 57 and Z 58 as well as annexes 3, 4 and 6 in the version of the Federal Law BGBl. I No 125/2013 shall enter into force on the expiry of the day of the customer's presentation in the Federal Law Gazans; at the same time, Section 376 Z 48 (6) shall become repeal.

(62) § 82b in the version of the Federal Law BGBl. I n ° 125/2013 comes with 1. Jänner 2015 in force.

(63) § 87 (1), § 111 (5), § 112 (2c) and (3) and § 113 (8) in the version of the Federal Law BGBl (Federal Law Gazette). I No 125/2013 will enter into force with the end of the day of the event in the Federal Law Gazans, but at the earliest with 1 August 2013.

(64) Annex 5, Part 1, shall enter into force on 15 February 2014. "

33. Annex 3 is:

" Appendix 3

(§ 2 para. 16, § 71b Z 1)

IPPC Assets

1.

The equipment or parts of the plant referred to below shall not be counted as such installations or parts which are solely responsible for the research, development or testing of new products and processes, in particular in the laboratory or pilot plant scale, are used.

2.

The thresholds referred to below generally relate to production capacities or services. Where a number of activities of the same category are carried out in one and the same operating system, the capacity of those activities shall be combined. In the case of waste treatment activities, this calculation shall be carried out if these are carried out at the level of the activities referred to in points 5.1, 5.3a and 5.3b.

Asset Type

Thresholds

1 .

Energy

1.1

Installations for the combustion of fuels with a fuel heat output of at least

50 MW

1.2

Mineral oil and gas refineries

0

1.3

Plants for the dry distillation of coal (coking plants)

0

1.4a

Plants for the gasification or liquefaction of coal

0

1.4b

Installations for the gasification or liquefaction of other fuels with a fuel heat output of at least

20 MW

2 .

Manufacture and processing of metals

2.1

Plants for the roasting or sintering of ores including sulphide ores

0

2.2

Installations for the production of pig iron or steel (primary or secondary melting), including continuous casting with a melting capacity of more than

2.5 t/h

2.3a

Plants for hot rolling with a processing capacity of crude steel of more than

20 t/h

2.3b

Plants for the forging of ferrous metals

with hammers with a percussion power per hammer of more than 50 kJ and a thermal output of more than 20 MW

2.3c

Installations for the application of molten metallic protective layers on metal surfaces with a processing capacity

of crude steel exceeding 2 t/h

2.4

Ferrous metal foundries with a production capacity of more than

20 t/d

2.5a

Plants for the production of non-ferrous raw metals from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes

0

2.5b1

Non-ferrous metal foundries with a melting capacity of more than

4 t/d of lead and cadmium or of 20 t/d of other metals

2.5b2

Installations for the melting of non-ferrous metals, including alloys, including recovery products (refining) with a melting capacity of more than

4 t/d of lead and cadmium or of 20 t/d of other metals

2.6

Installations for the surface treatment of metals or plastics by means of an electrolytic or chemical process

With a volume of active baths exceeding 30 m³

3 .

Mineral processing industry

3.1a

Installations for the production of cement clinker with a production capacity of more than

500 t/d for rotary kilns or 50 t/d for other ovens

3.1b

Plants for the production of lime in ovens with a production capacity of more than

50 t/d

3.1c

Plants for the production of magnesium oxide in furnaces with a production capacity of more than

50 t/d

3.2

Installations for the extraction, processing and processing of asbestos and asbestos products

0

3.3

Installations for the manufacture of glass, including as far as it is made of waste glass, including installations for the production of glass fibres with a melting capacity of more than

20 t/d

3.4

Installations for the melting of mineral substances, including installations for the production of mineral fibres, with a melting capacity of more than

20 t/d

3.5

Installations for the burning of ceramic products, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity of more than

75 t/d and an oven capacity of more than 4 m³ and a stocking density of more than 300 kg/m³ per kiln

4.

Chemical industry

4.1a

Installations for the production of organic chemicals by chemical or biological conversion, in particular:

-

for the production of simple hydrocarbons (linear or ring-shaped, saturated or unsaturated, aliphatic or aromatic)

-

for the preparation of oxygen-containing hydrocarbons, such as alcohols, aldehydes, ketones, carboxylic acids, esters and ester mixtures, acetates, ethers, peroxides, epoxides

-

for the production of sulphur hydrocarbons

-

for the production of nitrogen-containing hydrocarbons, in particular amines, amides, nitros-, nitro-or nitrate compounds, nitriles, cyanates, isocyanates

-

for the production of phosphorus-containing hydrocarbons

-

for the production of halogen-containing hydrocarbons

-

for the production of surface-active substances and surfactants

-

for the production of organometallic compounds

-

for the production of other organic basic chemicals with more than one heteroatom type

in technical installations 1

4.1b

Installations for the production of organic fine chemicals by chemical or biological conversion, in particular:

-

for the preparation of aromatic compounds

-

for the production of organic colorants

-

for the production of fragrances

-

for the production of polymer-and coating-material additives

in technical installations

4.1c

Plants for the production of polymers (plastics, synthetic resins, chemical fibres, cellulose-based fibres) or for the production of synthetic rubbers

in technical installations

4.1d

Plants for the production of biofuels by chemical or biological conversion

in technical installations

4.2a

Installations for the production of inorganic chemicals by chemical or biological conversion, in particular:

-

for the production of gases, such as ammonia, chlorine and hydrogen chloride, fluorine and hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, phosgene

-

for the production of acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acid

-

for the production of bases, such as ammonium hydroxide

-

for the production of hydrogen peroxide

-

by means of chlorine-alkali electrolysis

-

for the preparation of salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate

-

for the production of non-metals or metalloxids

in technical installations

4.2b

Plants for the production of inorganic fine chemicals by chemical or biological conversion, in particular for the production of calcium carbide, silicon, silicon carbide or pigments

in technical installations

4.3

Plants for the production of fertilizers containing phosphorus, nitrogen or potassium (nutrient fertilizer) by chemical or biological conversion

in technical installations

4.4

Plants for the production of plant protection products or biocides by chemical or biological conversion

in technical installations

4.5

Installations for the manufacture of medicinal products, including intermediate products, by chemical or biological conversion

in technical installations

4.6

Installations for the production of explosives

in technical installations

5.

Waste treatment

5.1

Installations for the disposal or recovery of hazardous waste with a capacity of over

Within the framework of one or more of the following activities:

a)

biological treatment;

b)

physico-chemical treatment;

c)

mixing or mixing before carrying out one of the other activities referred to in paragraphs 5.1 and 5.2;

d)

repackaging before carrying out one of the other activities referred to in paragraphs 5.1 and 5.2;

e)

Recovery/regeneration of solvents;

f)

Recovery/recovery of other inorganic substances as metals and metal compounds;

g)

Regeneration of acids or bases;

h)

Recovery of components used for the control of impurities;

i)

Recovery of catalyst components;

j)

Re-oil refining or other re-use of oil;

k)

Surface application

10 t/d

5.2

Installations for the disposal or recovery of waste in incineration plants or in co-incineration plants

a) For the incineration of non-hazardous waste with a capacity of

b) for hazardous waste with a capacity of

3 t/h

10 t/d

5.3a

Installations for the disposal of non-hazardous waste with a capacity of

within the framework of one or more of the following activities and excluding the activities covered by Directive 91 /271/EEC concerning urban waste water treatment, OJ L 206, 22.7.1991, p. No. OJ L 135 of 30.05.1991 p. 40, as last amended by Regulation (EC) No 1137/2008 OJ L 145, 31.5.2008, p. No. 1 OJ L 311, 21.11.2008, p. 1:

i)

biological treatment;

ii)

physico-chemical treatment;

iii)

Waste pre-treatment for incineration or co-incineration;

iv)

Treatment of slag and ash;

v)

Treatment of metallic wastes-including WEEE as well as end-of-life vehicles and their components-in shredders

50 t/d

5.3b

Installations for recovery-or a combination of recovery and disposal-of non-hazardous waste with a capacity of over

in the framework of one of the following activities and excluding the activities covered by Directive 91 /271/EEC:

i)

biological treatment;

ii)

Waste pre-treatment for incineration or co-incineration;

iii)

Treatment of slag and ash;

iv)

Treatment of metallic wastes-including WEEE as well as end-of-life vehicles and their components-in shredders

If the only waste treatment activity consists of anaerobic digestion, a capacity threshold of

75 t/d

100 t/d

5.4

Landfills pursuant to Article 2 (7) (4) of the AWG 2002, with the exception of land excavation and waste disposal sites, with a capacity to take up waste from over

10 t/d

or a total capacity of more than 25 000 tonnes

5.5

Installations for the temporary storage of hazardous waste not falling under Z 5.4 until one of the activities listed in Z 5.1, 5.2, 5.4 and 5.6 is carried out with a total capacity of

with the exception of temporary storage-to the collection-on the premises on which the waste has been produced

50 t

5.6

Installations for the underground storage of hazardous waste, with a total capacity of

50 t

6.

Other industries

6.1a

Plants for the production of pulp from wood or other fibre materials

0

6.1b

Plants for the production of paper, paperboard or cardboard with a production capacity of more than

20 t/d

6.1c

Installations for the production of wood-based panels, namely large-scale plates (OSB plates), chipboards or fibreboards, with a production capacity of more than

600 m³ /d

6.2

Pre-treatment plants, such as bleaching, washing, mercerising, or for dyeing fibres or textiles with a processing capacity of more than

10 t/d

6.3

Plants for the tanning of animal skins or animal skins with a processing capacity of more than

12 t/d

Finished products

6.4a

Installations for slaughter of animals with a slaughtering capacity (carcases) of more than

50 t/d

6.4b1 2

-

Installations for the processing and treatment of fish or meat, including poultry, with a processing capacity of more than

-

Installations for the production of fishmeal or fish oil with a production capacity of more than

-

Installations for the production of edible fats from animal raw materials, with the exception of milk, with a production capacity of finished products of more than

-

Plants for the production of canned products, including animal feed, as well as deep-frozen products derived from animal raw materials, with a production capacity of more than

-

Installations for the production of food products, including animal feed from animal raw materials, excluding milk, with a production capacity of finished products of more than

-

Plants for smoking meat or fish products with a production capacity of smoked goods of more than

75 t/d

75 t/d

75 t/d

75 t/d

75 t/d

75 t/d

6.4b2 2

-

Plants for the production of canned products, including animal feed, as well as deep-frozen products made from vegetable raw materials with a production capacity of canned products of more than

-

Plants for the production or refining of sugar using sugar beet or raw sugar with a production capacity of sugar of more than

-

Installations for the production of food products, including animal feed, of vegetable raw materials with a production capacity of finished products of more than

-

Plants for the production of oils or fats from vegetable raw materials with a production capacity of more than

-

Plants for the production of sauerkraut with a production capacity of sauerkraut of more than

-

Plants for the production of brewed malt (malting) with a production capacity of Darrmalz of more than

-

Mills for food or feed with a production capacity of finished products of more than

-

Plants for the production of starch flour with a production capacity of starch of more than

-

Breweries with a production capacity of beer of more than

-

Plants for the production of sparkling wine or sweet wine with a production capacity of more than

-

Plants for roasting coffee, coffee substitute products, cereals, cocoa beans or nuts with a production capacity of more than

-

Plants for the manufacture of confectionery products with a production capacity of more than

300 t/d 3

300 t/d 3

300 t/d 3

300 t/d 3

300 t/d 3

300 t/d 3

300 t/d 3

300 t/d 3

3 000 hl/d 3

300 t/d 3

300 t/d 3

300 t/d 3

6.4b3 2

Installations for the production of food products, including animal feed, as in Z 6.4b1 or 6.4b2, from animal and vegetable raw materials, both in the form of mixed products and in unmixed products, where "A" is the percentage by weight of animal substances in the production capacity of finished products , with a production capacity of finished products of more than

75 t/d if A is 10 or more, or

[300-(22 ,5-A)] t/d

in all other cases

6.4c

Plants for the exclusive treatment and processing of milk with an incoming milk quantity (annual average) of more than

200 t/d

6.5

Installations for the disposal or recovery of animal carcasses or animal waste with a processing capacity of more than

10 t/d

6.6

Installations for the treatment of surfaces of substances, articles or products using organic solvents 4 , in particular for the application, printing, coating, degreasing, impregnation, gluing, lacquering, cleaning or impregnation, with a consumption capacity of organic solvents of more than

150 kg/h or

200 t/a

6.7

Plants for the production of carbon (hard coal) or electrographite by firing or graphitizing, for example for electrodes, pantographs or apparatus parts

0

6.8

Capture of CO2 streams from installations covered by Directive 2010 /75/EU for the purposes of geological storage under Directive 2009 /31/EC

0

6.9

Installations for the conservation of wood and timber products containing chemicals, provided that they are not exclusively used for the treatment of bluish protection, with a production capacity of more than

75 m³ /d

6.10

Installations for the independently operated treatment of waste water which is initiated by an IPPC plant which does not fall within the scope of Directive 91 /271/EEC

0