Change Of The Gewerbeordnung 1994

Original Language Title: Änderung der Gewerbeordnung 1994

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125. Federal law, which changes the Gewerbeordnung 1994

The National Council has decided:

The Gewerbeordnung 1994 - GewO 1994 (WV), BGBl.  No. 194/1994, amended by Federal Law Gazette I no. 85/2013, is amended as follows:

1. in section 71a, paragraph 1 the bracket expression (best available techniques - bat) is added after the words "State of the art".

2. According to section 71a, following §§ 71 (b) and section 71 c shall be inserted:

"§ 71 b." In the meaning of this federal law or are "IPPC installation" 1 an operating system listed in the annex 3 to this federal law, or those parts of an operating system, in which one or more of the activities listed in the annex 3 to this federal law and other directly associated, a technical related activities, can have an impact on the emissions and pollution, carried out;

2nd "Bat" one which in accordance with article 13 of Directive 2010/75/EC 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, going out document that is created for certain activities and in particular the techniques, the current emission and consumption levels, the techniques under consideration for the determination of the level of technology, as well as the bat conclusions (No. 3) as well as all future techniques (sub-para. 5) organised exchange of information describing where this federal law especially are taken into account; the criteria in the annex 6

3. a "bat conclusions" document that the technology, their description, information to assess their applicability, emission levels associated with the best available techniques, the associated surveillance measures, the corresponding consumption values and applicable site remedial measures includes the parts of a BVT memo with the conclusions to the State;

4. "best available techniques associated with emission levels" the range of emission values obtained under normal operating conditions, using a measure or combination of measures in accordance with the State of the art as described in the BAT reference documents conclusions expressed as average value for a given time period under specific terms of reference;

5. "Future technology" a new technique for an industrial activity, which for commercial use either a higher General level of environmental protection, or at least the same level of environmental protection and greater cost savings could provide as the existing State of the art;

6 '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. 353 of 31.12.2008 p. 1, as last amended by Regulation (EU) No. 618/2012, OJ No. 179 of the 11.07.2012 p. 3;

7 "report on the initial state" information on the State of pollution of the soil and groundwater through the relevant hazardous substances (No. 6);

8 "Ground" 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;

9 "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 the environmental management system of the IPPC-installation, taken by the authority or on its behalf to test and promote compliance with the consensus of approval by the IPPC-installations and, where appropriate, for monitoring their impact on the environment

10 "Pollution" can lead 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 by other permitted uses of the environment.

section 71c. (1) the bat conclusions contained in the BAT reference documents are for approval, the major change and adaptation (article 81 b) use of IPPC-installations with the date of publication in the official journal of the European Union. Pending bat conclusions within the meaning of the first sentence b apply - with the exception of laying down emission limit values in accordance with § 77 para 2 and 3 - conclusions on the State of the art of bat, which have been adopted by the European Commission before January 6, 2011, as reference documents for the approval or significant modifications of IPPC installations.

(2) the Federal Minister for economy, family and youth published the sites of bat conclusions relevant to IPPC installations and bat on the homepage of the Federal Ministry for economy, family and youth."

3. § 77a is as follows:

"§ 77a. (1) in the notification of permit, to be taken into account (article 356a para 2 and 4) in on the comments received, is about section 77, to ensure that IPPC installations are so built, operated, and abandoned, that: 1. all appropriate preventive measures against pollution, in particular through the use of technological processes corresponding to the State of the art, equipment and operating conditions, as well as the efficient use of energy, are taken;

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

3. the necessary measures be taken to avoid the danger of an environmental pollution at the dissolution of the IPPC-installation and to restore a satisfactory state of the IPPC site of the installation within the meaning of § 83a.

(2) insofar as not already referred to in paragraph 1 available, the permit for IPPC installations shall contain: 1. at least corresponding to the State of the art emission limit values for polluting substances referred to in annex 4 to this Act, as well as for other pollutants, unless she emitted by the IPPC-installation in relevant amount can be, taking into account the possible transfer of pollution from one medium (water, air, soil) to another , to contribute to a high level of protection for the environment as a whole; If necessary, other State of the art technical measures may be provided, which lead to an equivalent result, here the technical nature of the IPPC installation concerned, its geographical location and the local environmental conditions are taken into account;

2. requirements for the monitoring of emissions (including measurement methodology, frequency measurements and evaluation procedures as well as in the cases of § 77 para 2 subpara 2 of specifying that the results of the monitoring of the emissions for the same period and reference conditions must be available associated emission levels as for the with the best available techniques); the monitoring requirements are, where appropriate, on the monitoring requirements in the bat conclusions to support;

3. the obligation of the holder of the plant regularly, at least once a year, to submit the following documents of the authority: a) information on the basis of the results of the emissions monitoring (No. 2) and other required data that enable the verification of compliance with the State of consensus according the authority and b) in the cases of § 77 b para 2 subpara 2 a summary of the results of the emissions monitoring, a comparison with the with the best available techniques associated emission levels allows;

4. reasonable restrictions for the protection of soil and groundwater, as well as adequate requirements for the regular maintenance and monitoring of the measures to prevent the pollution of soil and groundwater;

5. reasonable requirements regarding the recurring monitoring of soil and groundwater on the relevant hazardous substances (§ 71 b Z 6), which are probably to be found locally, taking into account possible soil and groundwater contamination at the site of IPPC-installation; recurring monitoring must be performed at least once every five years for the ground water and at least once every ten years for the ground, unless this monitoring is done on the basis of a systematic evaluation of the pollution risk;

6. measures for other than normal operating conditions.

(3) is a State of the art based on the permit notification, which is described in any of the relevant conclusions of the bat must be that the technology used and the way such as the IPPC installation is designed, built, maintained, operated and closed down, is determined taking into account the criteria set out in the annex 6 to this federal law and to meet the requirements of section 77 to b be ensured.


(4) contain the relevant conclusions of the bat no emission levels associated with the best available techniques, so it must be ensured that the technology defined in par. 3 reaches a level of environmental protection that is equivalent to the State of the art in the relevant bat conclusions described.

(5) no bat conclusions are available for an activity or production process in an IPPC installation or do not cover these conclusions all possible environmental impacts of the activity or process, then the authority has the necessary conditions on the basis of the State of the art taking into account the criteria listed in the annex 6 to this federal law to require consultation of approval affiliate.

(6) in the permit notification for IPPC installations beyond certain, are about the State of the art to imposing suitable constraints, if and insofar as this is necessary to prevent the crossing of a Union legally defined immission limit.

(7) the authority shall in the editorial section of a newspaper widely used in the State, in a periodical newspaper distributed in the affected community and the Internet to announce that the decision approving an IPPC installation is within a specific, at least six weeks contributing period the Authority during office hours to inspection. Operating and business secrets are to maintain. Such notification shall contain. details of the procedure for public participation"

4. According to § 77a, the following paragraph is inserted 77B:

'§ 77 b. (1) the emission limit values for pollutants in the sense of § 77a para 2 subpara 1 shall apply at the point where the emissions leave the IPPC installation parts, where any dilution prior to that point is not considered in determining the limits. The emitted pollutant cargo is the criterion to minimize. The water regulations remain unaffected.

(2) with regard to the emission limit values in the sense of § 77a para 2 must ensure through one of the following measures, that the emissions under normal operating conditions do not exceed the emission levels associated with the best available techniques bat conclusions pursuant to section 71 c para 1: 1 determination of emission limit values, which do not exceed the emission levels associated with the best available techniques; These emission limit values are expressed for the same or shorter periods of time and under the same reference conditions such as the emission levels associated with the best available techniques;

or 2. determination of emission limit values, which depart 1 specified emission limits as regards values, periods and terms of reference of the in the Z; in this case, the authority is at least a year to evaluate the results of the emissions monitoring, to ensure that the emissions are 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 without prejudice to § 77a para 6 may set less stringent emission limit values in special cases, if an assessment indicates that the achievement of the emission levels associated with the best available techniques as described in the bat conclusions because of the geographical location and the local environmental conditions of the IPPC-installation or the technical characteristics of the IPPC-installation based on the environmental benefits would lead to disproportionately higher costs. In any case, is to ensure that no significant environmental pollution is caused and achieves a high level of protection for the environment as a whole. In the permit notification, the results of the evaluation are to hold, and to justify the notices of payment due of less stringent emission limit values within the meaning of the first sentence and the corresponding requirements.

(4) the authority may approve temporary deviations from the requirements within the meaning of paragraphs 2 and 3, as well as of the precautionary measures to be taken in accordance with § 77a para 1 No. 1 for the testing and application of emerging techniques for a total period not exceeding nine months, unless the application of these technologies is terminated after the set period of time or at least the emission levels associated with the best available techniques are achieved within the scope of the activities."

5. in section 79 c par. 1 and par. 2 is substituted with the name "IPPC installations" the phrase "Operating systems listed in the annex 3 to this Act".

6 paragraph 81 paragraph 4:

"(4) in the case of an approved change referred to in paragraph 1, but at least every seven years, is the waste management concept to continue." The update of a valid environmental declaration in accordance with Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), OJ No. L 342 of 22 12 2009, S. 1, is considered updating within the meaning of this Federal Act."

7 paragraph 81a:

"sec. 81a. The following applies to the amendment of an IPPC installation: 1. the major 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 modification permit has to include also the already approved operating system, as it is required because of the change to the interests described in § 77a paragraph 1 compared with the already approved operating system; considered significant change anyway, a change taken achieved the threshold laid down in the annex 3 to this Act each for himself, unless such an in the annex 3 to this Act is set;

2. a change of in operation (which is the change in the nature or functioning or an extension of the operating system, which can have effects on the environment) is four weeks ago to show the authority of the holder of the operating system; the authority has this indicator, if necessary under placing specific, appropriate orders to meet according to § 356 to take in §§ 77a and 77B and the b subsection 1 requirements laid down with applicable administrative rules, with notice to the attention; This decision forms part of the permit notification;

Change in falling 3 on one not under no. 1 or no. 2 is to apply article 81 if its conditions are met."

8 paragraph 81b:

"§ has 81 b. (1) within one year after the release of bat conclusions to the main activity of an IPPC installation stating the system owner of the authority, if the relevant State of the art; changed his IPPC-installation the message has to contain the request for setting less stringent emission limit values in accordance with § 77 b of paragraph 3. You may promptly to adapt to the State of the art to take the necessary adjustment measures. The communication and the adjustment measures have to take into account also those bat conclusions relating to the IPPC-installation, which issue or update have been published since the approval or the last adaptation of the IPPC-installation. section 81a shall remain unaffected.

(2) on request by the authority, the holder of the operating system has all the information necessary for the review of permit conditions, in particular, results of the emissions monitoring and other data, that a comparison of the operation of the system enable the technology in accordance with the current bat conclusions and with the emission levels associated with the best available techniques with State to submit.

(3) makes the checking of authority, that the plant owner has insufficient measures within the meaning of the first paragraph, or this is required with regard to a notices of payment due of emission limit values in the sense of § 77 b the authority has appropriate measures by a decision to order. section 81a shall not apply to the implementation of such measures by the authorities arranged. On application in the sense of paragraph 1 first sentence second sentence of part of shall under the conditions of § 77 of para 3 b less stringent emission limit values are set; This must be assessed at the next adjustment in the sense of these provisions new. For the review of the IPPC-installation, the authority has to consult information obtained in the course of monitoring or the environmental inspections (section 82a).

(4) by the measures referred to in paragraphs 1 and 3, it must be ensured that the IPPC-installation period of four years following the release of bat conclusions to the main activity of the IPPC-installation meets the requirements within the meaning of paragraphs 1 and 3.

(5) if the authority to adapt the permit in the sense of these provisions in justified cases determines that more than four years from the publication of bat conclusions on establishing new best available techniques are required, it can set a longer period in the permit conditions in accordance with the provisions of § 77 b paragraph 3. This Ordinance shall on the objectives and principles in accordance with § 77a paragraph 1 to take.

(6) the authority has deemed also to check the consensus of the IPPC-installation and to arrange, where necessary, appropriate adaptation measures within the meaning of paragraph 3 with notice, if 1.

the reliability requires the application of different techniques, 2. This is required to prevent the crossing of a new or modified Union legally defined immission limit within the meaning of § 77a para 6;

3. the IPPC-installation of any bat conclusions is captured and developments of the level of technology allow a significant reduction of in emissions.

(7) an IPPC installation in its essence would that change to prescriptive measures referred to in paragraph 3 to 6, the authority § 79 para 3 shall apply by analogy to.

(8) the pollution caused by the facility (§ 71b Z 10) is so strong that new emission limit values have to be set, so has the authority to present of a concept for the implementation of adaptation measures in the sense of paragraph 1 within a reasonable period of time to urge the holder of an IPPC installation with notice; the template of this concept is application for approval of a major change in accordance with section 81a Z 1. In the change permit the authority is to set a reasonable deadline for the implementation of adaptation measures in any case."

9 paragraph 81c:

"§ 81c." The holder of an IPPC installation has to promptly inform the authority of an accident not covered by the section 8a with significant effects on the environment or incident with significant effects on the environment. He has to take steps to limit the environmental impacts and to avoid further possible accidents or incidents. The authority shall, if necessary, further appropriate measures to limit the environmental impacts and to avoid further possible accidents or incidents with notice to arrange."

10 paragraph 81d:

"§ 81d. (1) the holder of an IPPC installation has to inform the authority for non-compliance of approval consensus immediately and without delay to take the necessary measures to ensure that compliance with the requirements again as soon as possible is produced. The authority is further required to restore respect for the consensus of approval measures by decision to apply.

(2) in accordance with paragraph 1 displayed defects or deviations, for those in the information contain proposals to immediately remedy of the defects, or to the immediate elimination of deviations from the intended consensus State are, make no administrative offences within the meaning of section 366 para 1 No. 3 or in accordance with § 367 Z immediately detected 25, provided that the conditions for a measure referred to in article 360, paragraph 4 are not available and the remedy or the removal of the authority."

11 paragraph 82 paragraph 1:

"§ 82. (1) the Federal Minister of economy, family and youth can after the State of the art (section 71a) and the current state of medical and otherwise relevant science to protect of the interests described in section 74 paragraph 2 and to avoid pressures on the environment (section 69a), as well as the surrounding regulations required to adapt to new or modified bat conclusions on the type in agreement with the Federal Minister of agriculture and forestry, environment and water management regulation for approval of types of equipment , adopted the mode of operation, the equipment or the permissible extent of emissions from plants or plant parts. Any provisions or exceptions not covered by the next set of regulation policy set when interests are objectively justified to protect them after the State of the art and the State of medical and otherwise relevant sciences because the lack of proportionality between the effort to comply with the relevant provisions of the regulation and therefore achievable benefits for the are in such regulation for pre-approved facilities; at IPPC installations b must be complied with at least the provisions of § 77. Provisions of the regulation concerning such measures to avoid a threat to the life or health of persons referred, as no provision in the regulation with notice in accordance with § 79 Z 1 would have to be prescribed in the section 74, paragraph 2, so none of these may be set in the regulation according to specific provisions of the Regulation derogating provisions or exceptions."

12 the following sentence is added to the section 82 para 5:

"On IPPC-installations section 77 is b paragraph 3 apply accordingly."

13. According to article 82, the following section 82a is inserted:

"paragraph 82a. (1) IPPC installations of paragraphs 2 to 5 must undergo regular environmental inspections within the meaning; with regard to the assistance of experts, the §§ 52-53a AVG find application.

(2) on the basis of inspection plans in accordance with article 63a, par. 2 and 3 AWG 2002 created or updated, the Governor has regularly to create programmes for routine environmental inspections, where is the frequency of the ago site visits for different types of IPPC installations. The period between two preliminary site visits has to vary to a systematic appraisal of the environmental risks associated with the IPPC-installation and may exceed one year at IPPC installations of the highest risk level and three years at IPPC installations of the lowest risk level does not. Is detected during an inspection that an IPPC installation seriously violates the consensus of approval, an additional preliminary site visit must be within the next six months after this inspection.

(3) the systematic assessment of the risks has to support at least on the following criteria: 1. potential and actual effects of IPPC installations concerned on human health and the environment taking into account the emission levels and types, the sensitivity of the local environment and the risk of accidents;

2. previous compliance with the consensus of approval;

3. participation of the IPPC plant holder in an audit within the meaning of Regulation (EC) No. 1221/2009 (EMAS) or to an audit within the meaning of the ÖNORM EN ISO 14001 "environmental management systems - requirements with guidance for use (ISO 14001:2004 + COR 1:2009) (consolidated version)" 15 8, 2009 (available at the Austrian Standards Institute / Austrian Standards Institute, Heinestrasse 38, 1021 Vienna).

(4) non-routine environmental inspections must be performed to make 81 b examinations complaints due to serious environmental damage, serious environmental accidents and incidents and infringements of the relevant legislation as soon as possible and, if necessary, before granting a permit, a modification permit or the adaptation of an IPPC installation within the meaning of §.

(5) after each preview site, the authority has a report with relevant findings regarding the compliance of approval consensus by the IPPC installation and conclusions on the possible need for further measures to create. Two months after the preliminary site inspection, the report must be forwarded to the IPPC plant holder to comment;. four months after the preliminary site inspection, the Authority announced the report in the Internet to give; This announcement anyway, must include a summary of the report and the note where to get further information. Operating and business secrets are to maintain. The authority must ensure that the IPPC plant holder shall take the measures outlined in the report within a reasonable period of time."

14 paragraph 82b:

"article 82 b. (1) the holder of an approved operating system these regularly recurring has to check or check to allow, whether it complies with the permit notification and trade regulations for the investment;" the test has, if necessary, also to cover, whether the operating system is subject to the section 8a concerning the control of major-accident hazards, and to include also in accordance with section 356 b with applicable regulations. Provided in the permit or in those other provisions not otherwise determined is to be six years for the under § 359 b installations covered the periods for the periodic inspections and five years for other approved equipment. To create a test certificate, which is a complete documentation of the test to join, stating in particular the scope and the content of the examination is on each periodic inspection; This documentation is a necessary part of the examination certificate.

(2) the periodic inspections according to ABS. bodies in the framework of the technical scope of their accreditation, 2 State-authorised institutions, 3. civil engineers or trader are 1 of 1 accredited, each within the framework of their powers, making 4. the holder of the operating system, as long as it is suitable and competent, or 5 other appropriate and competent employees. Than to see people, if they have the technical knowledge necessary for the respective examination and experience for her education and her previous occupation are suitable and competent and also guarantees provide for a conscientious implementation of the audit work.


(3) the inspection certificate is provided in the permit notification or otherwise for the plant trade regulations not else is determined to keep until the next examination certificate in the appendix for inspection by the authority at any time of the unit holder; He has to submit the certificate of authority upon request within the reasonable time limit to be determined by the authority.

(4) defects or deviations from the intended consensus state detected during the test, has the test certificate to contain appropriate proposals together with adequate deadlines for the correction of defects or for the Elimination of deviations. The owner of the plant has to submit a copy of this certificate, as well as a relevant presentation of the measures taken and to be taken measures the competent authority immediately in this case.

(5) in accordance with paragraph 4 displayed defects or deviations, for which the inspection certificate suggestions to remedy the defects or the Elimination of deviations from the intended consensus State within a reasonable period of time included are, make no administrative offences within the meaning of section 366 para 1 No. 3 or in accordance with § 367 Z detected 25, provided that the conditions for a measure referred to in article 360, paragraph 4 are not available and correcting or eliminating within the appropriate period of the authority.

(6) the holder of a plant complies with its obligation under paragraph 1 also when 1 it the operating system of an audit within the meaning of Regulation (EC) No. 1221/2009 (EMAS) or an audit within the meaning of the ÖNORM EN ISO 14001 "environmental management systems - requirements with guidance for use (ISO 14001:2004 + COR 1:2009) (consolidated version)" has undergone by the 15.8.2009, 2. the documentation of the audit are not older than three years and 3 from the records of this audit reveals , that during this test the compliance of the operating system with the permit notification and the otherwise applicable in the plant trade, and in accordance with article 356 has been tested b with applicable regulations.

Paragraphs 3 to 5 shall apply mutatis mutandis."

15. after section 83 83a the following section shall be inserted:

"§ 83a. (1) in the case which has conveyance an IPPC installation to include the display of the plant owner pursuant to section 83 subsection 2 the following: 1 if there is a report about the State of the output in accordance with section 353a para 3 a review of the State of soil and groundwater pollution through relevant hazardous substances used by the IPPC-installation produced or released. Have been significant soil and groundwater pollution a representation of the necessary measures to eliminate this pollution by the IPPC-installation with dangerous substances (§ 71 b Z 6) compared to in the report on the initial state caused specified state, due to the terrain in that State.

2. a report on the initial State pursuant to § 353a 3 does not exist, because the adjustment within the meaning of article 81 have not done b or no obligation to create is an assessment, whether 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. In the presence of a threat to a representation of the necessary measures for the elimination, prevention, containment, or relevant hazardous substances, so that the area considering its current or approved future use no such risks more represents.

(2) by the holder of an IPPC installation for definitive cessation of the activities referred to in paragraph 1 Z 1 required review or any necessary measures not display or carried out, the competent authority in considerable soil caused by the activities and groundwater contamination with dangerous substances in comparison to the condition specified in the report on the initial State has the necessary measures to eliminate this pollution with notice to apply , to return the land in that State. This can take account of the technical feasibility of such measures.

(3) be the holder of an IPPC installation for definitive cessation of activities of has not displayed required assessment or any necessary measures to Z 2 or carried out, in accordance with paragraph 1 the competent authority when a serious danger to human health or the environment caused by the activities the measures that are necessary to the elimination, prevention, applying containment or reduction in relevant hazardous substances by a decision, so that the area under consideration pose no such danger more its current or approved future use.

(4) the authority has announce the measures taken at the abandonment of an IPPC installation on the Internet."

16 § 84 h is as follows:

"§ 84 h." Who by this federal law or reason it based regulatory arrangements is obliged to perform measurements or other appropriate procedures for determination of emissions from its operating system and the operating system concerned details of the authority to provide, has about records to lead or other to submit these records and data upon request by the authority in an appropriate manner, insofar as this is necessary for the fulfilment of Union legal reporting requirements. The template is free of charge. Operating and business secrets are to maintain. The Federal Minister of economy, family and youth can in agreement with the Federal Minister of agriculture and forestry, environment and water management by regulation further requirements for the required measurements or other appropriate procedures for determination of emissions according to the respective types of operating systems or pollutants, on the way, building, and managing records or data, and set the form of the delivery; as far as it is necessary for the fulfilment of community reporting requirements, measurements or other appropriate procedures for determination of emissions from installations and related record-keeping obligations for already approved operating systems can be set in this regulation."

17. in article 87, paragraph 1, the expression "Persons and things" by the expression "Persons, property damage or damage to property" is replaces Z 4 d.

18. in article 111, paragraph 5, last sentence through the point a semicolon replaced and added the following phrase:

"Changes a mode to a mode for which a certificate of aptitude for the regulated hospitality is prescribed, referred to in paragraph 2 are to apply in proceedings under section 339."

19 § 112 para 2c is the last sentence:

"The para. 2 2b and in accordance with paragraph 2 adopted regulations shall apply mutatis mutandis for the § 50 para 1 Z 11 activities that are referred to, if this connection more than eight Administration courses are provided."

20. in paragraph 112, the following paragraph 3 is inserted:

"(3) adopted regulations apply para. 2 2 b and in accordance with paragraph 2 not that under section 111, subsection 2 Z 1, 3 and 6 activities covered. Adopted regulations are not that under article 111, paragraph 2 to apply Z 2, 4, and 5 activities covered, if this connection more than eight Administration courses are provided. 2 2 b and in accordance with paragraph 2"

21 paragraph 113 paragraph 8:

"(8) ABS Z are 1 to 7 on the under article 111, paragraph 2 does not apply 1 and 6 activities covered. Paragraph 6 is that under article 111, paragraph 2 does not to apply to Z 2 to 5 activities covered."

22 section 353a is as follows:

"section 353a. (1) insofar as not already according to § 353 required, application for a permit for an IPPC installation to be approved in accordance with § 77a has to contain the following information: 1. used in the operating system or produced materials and energy;

2. a description of the condition of the plant site;

3. a report on the initial state (para. 3) in regard to a possible contamination of the soil and groundwater on the plant premises, when the IPPC-installation relevant hazardous substances (§ 71 b Z 6) are used, generated or released;

4. the sources of emissions from the plant;

5. nature and quantities of foreseeable emissions from the plant in any environmental medium;

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

7. measures for the control of emissions;

8. measures to prevent or, where this is not possible, reducing emissions;

9. other measures to fulfil the requirements pursuant to § 77a;

10. the certified by the applicant, where appropriate, main alternatives to the proposed technologies, techniques and measures in an overview;

11. a generally understandable summary of the foregoing, as well as the according to Article 353 No. 1 lit. a and lit. c information required.

Are regulations of the WRG 1959 with apply (section 356 b paragraph 1), so the permit advertisers even before the application for a permit to display the outlines of the project to the water management planning body has.

(2) paragraph 1 shall apply mutatis mutandis for the application to permit a substantial change (section 81a Z 1) an IPPC installation.


(3) the report on the State of the output must contain the information that are necessary to determine the State of soil and groundwater pollution, so that a quantified comparison with the State at the dissolution of the IPPC-installation (§ 83a) can be made. The report must at least 1 information about the current status of, and, if available, of the earlier use of the site, and if available, existing 2. information about soil and groundwater measurements that reflect the State at the time of the preparation of the report, or new soil - and groundwater measurements of the possibility of contamination of soil and groundwater due to the hazardous substances used by the installation ", generated or released."

23 in section 356a, paragraph 1 and article 356 b paragraph 7 the phrase "Operating system listed in the annex 3 to this Act" is replaced by the designation "IPPC installation".

24. in article 356a, paragraph 1, the phrase "on the website of the authority" is replaced by the phrase "on the Internet".

25. in paragraph 356b paragraph 1 is at the end of the Z 5 the point replaced with a semi-colon and inserted following no. 6: "6 disposal of roof, parking and road watering."

26. pursuant to section 356c, 356d the following section shall be inserted:

"section 356d In the case of laying down less stringent emission limit values in accordance with § 77 b of paragraph 3 in an adjustment procedure pursuant to § are 81 b apply the §§ 77a paragraph 7, section 356a and article 356 para 7 b."

27. in § 359 b paragraph 1 the last sentence, the phrase "Operating systems indicated in the annex 3 to this Act" is replaced by the designation "IPPC installations".

28. in paragraph 367 24B and 24 c Z inserted to 24a following Z Z: "communication not repaid 81B para 1 24. contrary to § or which does not apply adaptation measures necessary to adapt to the State of the art;

24 c. contrary to article 81d, paragraph 1 that authority not informed or do not take the necessary measures; "

29 § 367 25 following Z 25a is inserted in to the Z: "25a.
"the inspection certificate as per section 82 b not, incomplete, or created with incorrect information;"

30 § 376 Z 48 paragraph 6 deleted.

31. the § 376 following Z 55-58 Z are attached: "55th (transitional arrangements for existing IPPC installations) (1) of annex 3 to the Gewerbeordnung 1994 as amended before the entry into force of the Federal Act Federal Law Gazette I no. 125 / 2013 subject IPPC installations, which have been legally approved before the end of the 7th January 2013 or for which an approval procedure was pending on 7 January 2013 and which were taken at the latest on the 7 January 2014 in operation , 81 b are in part of the next adjustment following the 7 January 2014 the IPPC-installation in the sense of the paragraph, if necessary, to the State of the art to adapt in the bat conclusions contained.

(2) not by the enclosure 3 to the Gewerbeordnung 1994 as amended before the entry into force of the Federal Act Federal Law Gazette I no. captured at IPPC installations already approved the 7 January 2013 are 125/2013 to customize b, if necessary, on the State of the art in the bat conclusions contained in part of the next adjustment following the 7 July 2015 the IPPC-installation within the meaning of article 81.

(3) be in an IPPC installation within the meaning of paragraph 1 relevant hazardous substances (§ 71b Z 6) used, generated or released, the plant holder with views of a possible contamination of the soil and groundwater on the IPPC plant premises with the next adjustment following the 7 January 2014 the IPPC-installation within the meaning of article 81 has to prepare a report on the initial state b and to submit it to the authority.

(4) be in an IPPC installation within the meaning of paragraph 2 relevant hazardous substances (§ 71b Z 6) used, generated or released, has the plant owner facing a possible contamination of the soil and groundwater on the IPPC plant premises to create a report about the State of the output and to provide this authority with the next adaptation of the IPPC-installation within the meaning of article 81 following the 7 July 2015 to b.

56. with regard to at the time of entry into force of the Federal Act Federal Law Gazette I no. 125 / 2013 already published bat conclusions the year period within the meaning of article 81 of paragraph 1 first sentence starts with the day of the entry into force of the Federal Act Federal Law Gazette I run no. 125/2013.

57. Article 82b and § 367 I no. 125/2013 are Z 25a in the version of Federal Law Gazette on audit certificates, I created no. 125/2013 before the entry into force of the Federal Act Federal Law Gazette not to apply; to these certifications, it applies until the entry into force of the Federal Act Federal Law Gazette I no. 125 / 2013 applicable legal situation.

58. § 356 b para 1 No. 6 as amended by Federal Law Gazette I no. 125/2013 is on at the time of entry into force of the Federal Act Federal Law Gazette I not to no. 125 / 2013 completed procedures."

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

"(60) by the Federal Act Federal Law Gazette I no. 125/2013 are 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 and 2nd 2012/18/EU directive on the control of major-accident hazards with dangerous substances, change and subsequent repealing of Directive 96/82/EC, OJ No. L 197 of the 24.07.2012 S. 1, implemented.

(61) article 71a para 1, § 71B, 71 c, § 77a, § 77b, section 79c, § 81 para 4, § 81a, § 81b, § 81c, § 81d, § 82 par. 1 and par. 5, section 82a, § 83a, § 84 h, section 353a, section 356a para 1, § 356b para  1 and paragraph 7, § 356d, § 359 b para 1, § 367 Z 24b, Z 24c and Z 25a, § 376 Z 55, Z 56, 57 Z and Z 58 as well as the plants 3, 4 and 6 as amended by Federal Law Gazette I no. 125/2013 become at the end of the day of the announcement in the Federal Law Gazette in force; at the same time § 376 occurs Z 48 paragraph 6 except force.

(62) Article 82b in the version of Federal Law Gazette I no. 125/2013 effective with January 1, 2015.

(63) I contact no. 125/2013 article 87, paragraph 1, section 111, para. 5, § 112 para 2 c and para 3, § 113 paragraph 8 in the version of Federal Law Gazette with expiration of the day of the announcement in the Federal Law Gazette, but not before August 1, 2013, in force.

(64) the Unit 5 part 1 15 February 2014 into force."

 

33. plant 3 is as follows:

"Appendix 3

                                                                                                                              (§ 2 para 16, § 71b Z 1)

IPPC-installations 1.
Do not count such plants or plant parts that are used for the purpose of research, development or testing of new products and processes, in particular in the laboratory or pilot plant scale, to the following plants or plant parts.

2. of these threshold values generally refer to production capacities or services. Be carried out several activities of same category in one and the same operating system, are the capacities of these activities to be together. This calculation will be if these are conducted on the level of activities referred to in paragraphs 5.1, 5.3a and 5.3 b in waste treatment activities.

 

 



 



Type of investment



Threshold values



1.



Energy industry



1.1



The combustion of fuels with a fuel thermal power plants by at least



50 MW



1.2



Mineral oil and gas refineries



0



1.3



Plants for dry distillation of coal (coking)



0



1.4A



Installations for gasification and liquefaction of coal



0



1.4b



Installations for gasification and liquefaction of other fuels with a fuel heat capacity of at least



20 MW



2.



Production and processing of metals



2.1



Installations for the roasting or sintering ores including sulphide ore



0



2.2



Equipment for the production of pig iron or steel (primary or secondary fusion) 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



Equipment for forging of ferrous metals



with hammers with an impact energy per hammer by more than 50 kJ and a heat output of more than 20 MW



2.3c.



Equipment for applying fused metal coatings on metal surfaces with a processing capacity



on crude steel of more than 2 t / h



2.4



Ferrous metal foundries with a production capacity of more than



20 t / d



2.5A



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



0



2.5b 1



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



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



2.5b 2



Equipment for melting of non-ferrous metals including alloys, including recovered products (refining, etc.) with a melting capacity of more than



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



2.6



Installations for the surface treatment of metals and plastic materials using an electrolytic or chemical process



with a volume of vats exceeds 30 m³



3.




Mineral-processing industry



3.1a



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



500 t / d in rotary kilns or 50 t / d in other furnaces



3.1b



Installations for the manufacture of lime in kilns with a production capacity of more than



50 t / d



3.1c.



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



50 t / d



3.2



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



0



3.3



Equipment for the production of glass, even if it is produced from recycled glass, including equipment for the production of glass fibre with a melting capacity of more than



20 t / d



3.4



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



20 t / d



3.5



Equipment for the firing 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 about 4 m 3 and with a stocking density of more than 300 kg / m ³ per furnace



4.



Chemical industry



4.1a



Equipment for the production of organic chemicals with chemical or biological transformation, in particular – for the production of simple hydrocarbons (linear or ring-shaped, saturated or unsaturated, aliphatic or aromatic) – for the production of oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters and ester mixtures, acetate, ether, peroxides, epoxides - for the production of sulphur-containing hydrocarbons - for the production of nitrogenous hydrocarbons, amines, amides, Nitrose -, Nitro - or nitrate compounds, nitriles, cyanates, isocyanates - for the production of phosphorus-containing hydrocarbons - for the manufacture of halogenated hydrocarbons - for the production of surface-active agents and surfactants - to produce of metal-organic compounds - for the manufacture of other organic basic chemicals with more than one hetero atom type



in procedural assets1



4.1b



Plants for the manufacture of organic fine chemicals through chemical or biological transformation, in particular - for the production of aromatic compounds - for the production of organic colorants - for the manufacture of fragrance - for the production of polymer and coating additives



in process plants



4.1c.



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



in process plants



4. 1 d



Equipment for the production of biofuels through chemical or biological transformation



in process plants



4.2A



Equipment for the production of inorganic chemicals through chemical or biological transformation, 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 - producing bases, such as ammonium hydroxide - for the production of hydrogen peroxide - by chlor-alkali electrolysis - for the production of salts, such as ammonium chloride , Potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate - for the production of non-metals or metal oxides



in process plants



4.2b



Equipment for the production of inorganic fine chemicals through chemical or biological transformation, in particular for the production of calcium carbide, Silicon, silicon carbide, or pigments



in process plants



4.3



Equipment for the production of phosphorous -, nitrogen - or potassium-based fertilizers (simple or compound fertilizers) through chemical or biological transformation



in process plants



4.4



Equipment for the production of plant protection products or biocides by chemical or biological transformation



in process plants



4.5



Equipment for the production of medicines, including intermediate products, through chemical or biological transformation



in process plants



4.6



Equipment for the production of explosives



in process plants



5.



Waste treatment



5.1



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

Within the framework of one or more of the following activities: a) biological treatment;

(b) physico chemical treatment;

c) blending or mixing prior to the implementation of one of the other activities referred to in paragraphs 5.1 and 5.2;

(d) repackaging prior to one of the other activities referred to in paragraphs 5.1 and 5.2;

e) recovery / regeneration of solvents;

(f) recycling / reclamation of other inorganic materials as metals and metal compounds;

(g) recovery of acids or bases;

h) recovery of components, which are used to combating contaminants;

(i) recovery of components from catalysts;

j) renewed oil re-refining or other reuses of oil;

k) surface application



10 t / d



5.2



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

(a) for the incineration of non-hazardous waste with a capacity of about

(b) for hazardous waste with a capacity of about



3 t / h

 

10 t / d



5.3a



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

within the framework of one or more of the following activities and to the exclusion of activities under the Directive 91/271/EEC on urban waste water, OJ No. L 135 of the 30.05.1991 p. 40, as last amended by Regulation (EC) No. 1137/2008 OJ No. L 311 of November 21, 2008 p. 1 fall: i) biological treatment;

(ii) physical chemical treatment;

III) pre-treatment of waste for incineration or co-incineration;

IV) treatment of slags and ashes;

v) treatment of metallic waste - including electrical and electronic equipment, as well as of life vehicles and their components - in shredder



50 t / d



5.3b



Equipment for recycling - or a combination of recycling and disposal - of non-hazardous waste with a capacity of about

in one of the following activities and to the exclusion of the activities covered by the Directive 91/271/EEC: i) biological treatment;

(ii) pre-treatment of waste for incineration or co-incineration;

III) treatment of slags and ashes;

IV) treatment of metallic waste - including electrical and electronic equipment, as well as of life vehicles and their components - in shredder is the only waste treatment activity in anaerobic digestion, so a capacity threshold applies to these activities by



75 t / d

 

 

 

 

 

 

 

 

 

 

 

 

100 t / d



5.4



Landfills pursuant to § 2 para 7 Z 4 AWG 2002, with the exception of soil excavation and inert waste landfills, with a capacity of waste by over



10 t / d

or with a total capacity exceeding 25 000 tonnes



5.5



Plants for the temporary storage of hazardous waste, which are not under Z 5.4 fall, prior to proceeding with one in the Z 5.1, 5.2, 5.4 and 5.6 activities listed with a total capacity of about

with the exception of the temporary storage - up to the collection – on the grounds on which the waste have been generated



50 t



5.6



Equipment for the underground storage of hazardous wastes with a total capacity of about



50 t



6.



Other branches of industry



6.1a



Equipment for the production of pulp from timber or other fibrous materials



0



6.1b



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



20 t / d



6.1c.



Equipment for the production of plates on wooden base, namely Coarse particle board (OSB plates), particle board or Fiberboard, with a production capacity of more than



600 m m³/d



6.2



Plants for the pretreatment, such as bleaching, washing, mercerizing, or dyeing of 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 the slaughter of animals with a carcase production capacity (animal body part) of more than



50 t / d



6.4b 12 - equipment for processing and handling of fish or meat including poultry with a processing capacity of more than - equipment for the manufacture of fishmeal or fish oil with a production capacity of over - except milk, with a production capacity of finished products plants for the production of edible fats from animal raw materials, by over - equipment for the manufacture of canned food including pet food and frozen products from animal raw materials with a production capacity of canned by over - plants for the production of food products including animal feed of animal Commodities, excluding milk, with a production capacity of finished products from more than - plants for the smoking of meat or fish 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



6.4b 22 - equipment for the manufacture of canned food including pet food and frozen products from vegetable raw materials with a production capacity of canned by over - plants for the production or refining of sugar using sugar beet or sugar with a sugar production capacity by over - plants for the production of food products including animal feed from vegetable raw materials with a finished product production capacity by over - plants for the production of oils and fats from vegetable raw materials with a production capacity of more than - plants for the production of sauerkraut with a production capacity of sauerkraut by more than - plants for the production of malt (malt) with a production capacity of Degermination of more as - mills for food or animal feed with a production capacity of finished products by more than - plants for the production of starch meals with a production capacity of cornstarch by more as - breweries with a production capacity of beer by over - plants for the production of sparkling wine or sweet wine with a production capacity of more than - plants for the roasting of coffee , Coffee substitutes, cereals, beans, or nuts with a production capacity of more than - equipment for the manufacture of confectionery with a production capacity of more than



300 t / d3

 

 

300 t / d3

 

 

 

300 t / d3

 

300 t / d3

 

 

300 t / d3

 

300 t / d3

 

 

300 t / d3

 

300 t / d3

 

3 000 hl / d3

 

300 t / d3

 

 

300 t / d3

 

 

300 t / d3



6.4b 32



Equipment for the production of food products including animal feed, Z 6.4 b described in 1 or 6.4 b 2, from animal and vegetable raw materials, in the form of mixed products as well as unmixed products, where "A" represents the weight percentage of animal materials in the production capacity of finished products, with a production capacity of finished products by more than



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

[300 (22.5 · A)] t/d

in all other cases



6.4c.



Installations for the exclusive treatment and processing of milk with a thorough amount of milk (annual average) by more than



200 t / d



6.5



Installations for the disposal or recycling of animal carcasses or animal waste with a treatment capacity of more than



10 t / d



6.6



Installations for the surface treatment of substances, objects or products using organic Lösungsmitteln4, in particular for dressing, printing, coating, degreasing, waterproofing, gluing, painting, cleaning or impregnating, with a consumption capacity of organic solvents by more than



150 kg / h or

200 t / a



6.7



Equipment for the production of carbon (hard-burnt coal) or electrographite by means of incineration or Graphitisation, for example for electrodes, pantograph, or machine parts



0



6.8



Capture of CO2 streams from installations covered by the directive 2010/75/EC for the purposes of geological storage pursuant to Directive 2009/31/EC 0



6.9



Equipment for the preservation of wood and wood products with chemicals, as long as it serves not only the blue stain protection treatment, with a production capacity of more than



75 m m³/d



6.10



Independently powered treatment plants wastewater discharged by an IPPC installation, so far it does not falls 91/271/EEC 0 under the directive