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Ig-L Measurement Concept Regulation 2012 - Ig-L-Mkv 2012

Original Language Title: IG-L–Messkonzeptverordnung 2012 – IG-L–MKV 2012

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127. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the Measurement Concept for the Immission Protection Act-Air (IG-L-Measurement Concept Ordinance 2012-IG-L-MKV 2012)

On the basis of § 4 of the Immission Protection Act-Air (IG-L), BGBl. I n ° 115/1997, as last amended by the Federal Law BGBl. I No 77/2010, shall be arranged:

Section 1

Control of compliance with the emission limit values and target values of the concentration for the permanent protection of human health and the reduction of exposure

Division of the federal territory into study areas

§ 1. (1) Investigation areas relating to the measurement of sulphur dioxide (SO 2 ) , carbon monoxide (CO), nitrogen dioxide (NO) 2 ), PM 10 , PM 2.5 as well as arsenic (As), cadmium (Cd), nickel (Ni) and benzo (a) pyrene in the PM 10 -faction for the monitoring of immission limits for the permanent protection of human health, the territory of each of the states is exclusive of the agglomerations referred to in § 2 and the agglomerations referred to in § 2.

(2) The Federal Republic of Germany is an area of study concerning the measurement of lead (Pb) in PM 10 and benzene to monitor the emission limit values for the permanent protection of human health.

Conurbations

§ 2. Agglomerations within the meaning of this Regulation shall be:

1.

the territory of the Land of Vienna (Vienna agglomeration),

2.

the territory of the provincial capital Graz and the areas of the municipalities of Pirka, Feldkirchen near Graz, Gössendorf, Raaba, Grambach, Hausmannstätten, Seiersberg and Hart near Graz (agglomeration of Graz) and

3.

the territory of the state capital of Linz and the areas of the municipalities of Steyregg, Asten, St. Florian, Leonding, Pasching, Traun and Ansfelden (Linz metropolitan area).

Reference methods for measurement and data quality objectives

§ 3. (1) The reference methods used for the measurement of SO 2 , CO, NO 2 , PM 10 , PM 2.5 , Pb in PM 10 and benzene as well as As, Cd, Ni and benzo (a) pyrene are used in the Appendix 1 .

(2) For the measurement of SO 2 , CO, NO 2 , PM 10 , PM 2.5 , Pb in PM 10 and benzene as well as As, Cd, Ni and Benzo (a) pyrene in the PM 10 -Group shall apply the data quality objectives in accordance with Appendix 4 .

Number of measuring points and their regional distribution

§ 4. (1) Air-quality measurements shall be distributed in a representative way through the area of investigation; they shall be carried out primarily in larger cities and in higher-polluted areas. In the selection of the locations of the measuring points, the population distribution and the emission situation must be taken into account; in any case, the focus of the immission is to be recorded. The different climatic and topographical nature spaces within the examination areas are to be covered in a representative way. Areas of settlement with different loads and population density shall be covered by the air-quality network in such a way that the situation of the measuring points at locations which are generally representative of the exposure of the general public shall be based on statements on the burden of human health.

(2) The Pollutants NO 2 and PM 10 in each area of study, except for conurbations, shall be at least

1.

a measuring point representative of the background load in rural settlement areas (municipalities of less than 5 000 inhabitants);

2.

a urban background in municipalities with a population of between 5 000 and 20 000;

3.

a urban background in municipalities with more than 20 000 to 100 000 inhabitants;

4.

a urban background in municipalities with more than 100 000 inhabitants;

5.

a traffic-related stress centre

to measure.

(3) The Pollutants NO 2 and PM 10 are to be measured in the conurbations at at least one urban background measurement point and at a traffic-related load priority.

(4) The pollutant PM 2.5 shall be measured in each area of study in which at least two measuring points are operated, at at least one urban background measurement point and at a centre of gravity close to the traffic.

(5) The pollutant CO shall be measured in areas of study of more than 1 000 000 inhabitants on at least one of the areas of gravity close to traffic.

(6) In the selection of the sites, the criteria listed in Appendix 2 shall be followed.

§ 5. (1) For air pollutants SO 2 , CO, NO 2 , PM 10 , PM 2.5 and Benzo (a) pyrene in the PM 10 -faction is to establish and operate the minimum number of measuring points listed in Table 1 in accordance with § 5 (1) IG-L per study area. The trend-measuring points according to § 26 and the benzo (a) pyrene-measuring points according to § 5 (5) are a part of this minimum number.

Table 1: Minimum number of measuring points per pollutant per examination zone (additional reference points of the Federal Environment Agency in brackets)

Investigation Area

SO 2

NO 2

PM 10

PM 2.5 (**)

Benzo (a) pyrene in PM 10

CO

Benzene (*)

Burgenland

2 (1)

3 (1)

3 (1)

1 (1)

(1)

(1)

0

Carinthia

5 (1)

5 (1)

6 (1)

3

4

1 (1)

1

Lower Austria

11 (1)

11 (1)

12 (1)

6 (1)

4

2

0

Upper Austria
without BR Linz

4 (2)

6 (2)

6 (2)

4 (1)

3

2

1

BR Linz

4

6

6

3

1

2

1

Salzburg

2

5

5

2

2

2

1

Steiermark
without BR Graz

6

9 (1)

4 (1)

3

4

1

0

BR Graz

3

5

6

3

1

2

1

Tyrol

2

6

6

3

3

2

1

Vorarlberg

0

4

4

2

1

1

1

Vienna

7

12

12

6

2

3

2

Total

46 (5)

72 (6)

70 (6)

36 (3)

25 (1)

18 (2)

9

(*) In the case of the measurement of benzene, toluene, ethylbenzene and xylenes are also to be detected as far as possible.

(**) At least half of the PM 2.5 -Measuring points in each examination zone is also PM 10 to be measured using the same method.

(2) In each city with more than 100 000 inhabitants, at least one PM 10 -measuring point in the central settlement area and, at a centre of gravity close to the traffic, to apply the reference method referred to in Appendix 1 or an equivalent gravimetric method.

(3) The PM 2.5 -Measurement for the AEI according to § 2 para. 19 IG-L has in the cities of Vienna, Graz, Linz, Salzburg and Innsbruck at the measuring points

1.

Vienna Currency Belt/AKH,

2.

Graz North,

3.

Linz City Park,

4.

Salzburg Lehen and

5.

Innsbruck Centre

shall be made. At these measuring points, measurement shall be carried out at least until the end of 2020 using the reference method referred to in Appendix 1 or with an equivalent gravimetric method. In the event that, as a result of external reasons, the installation or installation of one of these measuring points is necessary, provision must be made in good time for a replacement site which is subject to the same high load; this must be documented by parallel measurements.

(4) The measurement of the heavy metals Pb, As, Cd and Ni in PM 10 shall at least take place at the sites listed in Table 2.

Table 2: Measuring points for heavy metals in PM 10

Pb

S

Cd

Ni

Illmitz

X

X

X

X

Graz

X

X

X

X

Arnoldstein

X

X

X

Treibach

X

X

Linz (New World)

X

X

X

X

Leoben Donawitz

X

X

X

X

Brixlegg

X

X

X

X

(5) The measurement of polycyclic aromatic hydrocarbons (PAHs) (in any case benzo (a) pyrene, benzo (a) anthracene, benzo (b) fluoranthene, benzo (j) fluoranthene, benzo (k) fluoranthene, Indeno (1,2,3-c, d) pyrene and dibenz (a, h) anthracene) has at the measuring points

1.

Illmitz,

2.

Graz Süd,

3.

Linz New World and

4.

Zederhaus

shall be made.

Additional measuring points required

§ 6. In addition to the measuring points specified in Tables 1 and 2, the Landeshauptmann shall operate further measuring points in accordance with § 5 (2) IG-L if this is necessary to check compliance with the provisions of Annexes 1, 4 and 5 IG-L and a Regulation pursuant to § 3 5 IG-L required immission limit, target and alarm values are required.

Announcement of the locations of the measuring points and the measurement procedures by the Landeshauptmann

§ 7. (1) The Landeshauptmann has the locations of the measuring points continuously operated according to § 5 IG-L for the control of the emission limit, target and alarm values established in the plants 1, 4 and 5 IG-L up to the latest 1 February of each calendar year under Port of a site description for new measuring points, which meet the requirements of Decision 97 /101/EC establishing an exchange of information and data from the networks and individual stations to measure air pollution in the Member States, OJ No. 14), as last amended by Decision 2001 /752/EC, OJ L 327, 31.12.2001, p. No. 69., to report to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. In the case of new measuring points, the date of entry into service shall also be indicated Unless stated otherwise, the notifications shall apply for the entire calendar year in question. In addition, the method for sampling and measuring the respective pollutants shall be reported and documented in such a way as to ensure that they are used in the reference method or an equivalent method in accordance with Appendix 1 . The list of sites will be published on the Internet on the homepage of the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall report to the Federal Minister for Agriculture, Forestry, Environment and Water Management in advance with the announcement of the date of entry into service. The Federal Minister for Agriculture, Forestry, Environment and Water Management has to publish the locations of these measuring points in the same way as the permanently operated measuring points.

(3) The reasons for the siting of the site should be documented, including photographs of the surroundings in the main immolation directions and a detailed map. A corresponding documentation shall be carried out by the Governor of the State and shall be updated once a year.

Equipment of the measuring points and measuring centres

§ 8. (1) At least half of the immission measuring points, which are operated as a whole in accordance with Table 1 (Section 5 (1)) in each area of study, except in conurbations, are meteorological variables, in any case wind direction and wind speed, to be constantly recorded. The air temperature, the relative humidity, the global radiation and, if possible, the sunshine duration are also to be recorded at at least one measuring point per examination zone.

(2) With regard to the requirements relating to measuring instruments and analytical methods, the following shall apply in Appendix 1 , or any other procedure, the equivalence of which has been demonstrated.

§ 9. (1) In order to secure the exchange of measurement data, each measuring centre is equipped with suitable devices for data transmission, data storage and data processing.

(2) The measurement data of continuously registering measuring instruments shall, if possible, be transmitted hourly, but at least twice a day, to the measurement centre by remote data transmission; all other measurement data shall be in a suitable form in the Measuring Center to archive.

(3) In order to ensure the availability of the measurement data (Section 3 (1)), reserve equipment shall be available for each examination zone. In order to achieve the desired availability, the number of reserve measuring equipment for all pollutants covered by this Regulation shall be at least 10% of the number of measuring points of the component concerned, but at least one measuring instrument, to be used. .

Quality assurance of measurement data

§ 10. (1) Each measuring system operator shall ensure traceability of measurement data and quality assurance as well as quality control in accordance with the provisions of Appendix 4.

(2) Ensuring comparability and traceability of measurement results shall be carried out by the measuring system operators at least once a year by linking them to the primary or reference standards of a reference laboratory, as referred to in Article 3 of the Directive. 2008 /50/EC on the assessment and control of air quality, OJ L 327, 28.2.2008, p. No. 1., and regular participation in ring trials.

§ 11. (1) The Federal Environment Agency once annually has its reference and primary standards for SO 2 , nitrogen monoxide (NO), CO and benzene (active sampling) shall be made available to the country's main men for comparison. The Federal Environment Agency (Umweltbundesamt) is also responsible for components that cannot be directly returned to primary or reference standards, as well as for physical measurands that have a direct impact on measurement results and their comparability. to draw up quality assurance measures and to organise and carry out comparative measurements or ring trials. The measuring system operators can also use other reference laboratories. The Austrian Reference Laboratories ensure the national and international comparison of their primary and reference standards at least once a year.

(2) The measuring system operators shall in turn ensure the traceability of the measured values.

Formation of measurement data continuously registering measuring instruments

§ 12. (1) The measurement data of continuously registering immission measuring instruments shall be available as half-hourly average values.

(2) Valid half-hourly average values shall be made up of at least 75% of valid raw values.

(3) The dates in the immission measurement databases shall be given in CET.

(4) All measured values are marked with the end time of the measurement period.

(5) The criteria for the calculation of average hourly average values, average hourly average values, daily average values, monthly average values, winter mean values and annual average values are set in Appendix 6 IG-L.

Determination of the assessment period

§ 13. The assessment period for the pollutants referred to in Annexes 1, 2 and 5 IG-L is the calendar year.

Pre-erkundungsmeasurements

§ 14. For the performance of pre-sensing measurements in accordance with § 5 para. 2 IG-L, appropriate measuring instruments and infrastructure (such as containers, devices for calibration and data acquisition) shall be provided by each measuring system operator.

Laying and laying down of measuring points

§ 15. (1) Measuring points that are used to monitor compliance with the emission limit values set out in Appendix 1 IG-L may be transferred or abandoned within an investigation area, subject to compliance with the requirements specified in § § 4 and 5, provided that: The value of 80% of an immission limit value referred to in Appendix 1 IG-L within the last three calendar years has not been exceeded and is not trend-measuring points.

(2) The transfer or omission of a measuring point at which a value of more than 80% of an immission limit value referred to in Appendix 1 IG-L has been registered within the last three calendar years shall be permitted only if:

1.

the requirements referred to in § § 4 and 5 are met;

2.

ensure that, in the event of a transfer, the measuring point is transferred to a new location which is representative of the same area and which has a comparable load as the original location, and that, in the event of a dismissal, there is still a measuring point which is representative of the same area and which has at least as high a load as the measuring point to be applied; and

3.

they are not trend-measuring points.

(3) The transfer of a trend measuring point shall be permissible if, on the basis of special circumstances, which are not in the sphere of influence of the measuring system operator, which have a considerable influence on the measurement results, the location of the trend measuring point no longer is representative of the area. In this case, a replacement location is to be selected in a timely manner, which is representative of the same area and has a comparable load as the original location.

Appropriate application of provisions

§ 16. If sections 2 to 7 do not contain any specific rules, the provisions of the first subparagraph shall apply. Section sensual.

Section 2

Control of compliance with the immission limits of dust precipitation and its ingredients for the permanent protection of human health

Division of the federal territory into study areas

§ 17. Each Land is an area of study concerning the measurement of dust precipitation and Pb and Cd in dust precipitation with a view to the monitoring of immission limits for the permanent protection of human health.

Reference methods for measurement

§ 18. For the measurement of the dust precipitation and the sampling of Pb and Cd in dust precipitation, a measurement procedure shall be carried out in accordance with Appendix 1 ,

Number of measuring points and their regional distribution

§ 19. (1) In accordance with § 5 IG-L, the Landeshauptmann shall carry out measurements of the dust precipitation as well as of Pb and Cd in the dust precipitation; these shall in any case be carried out at the immission centers which are to be determined in corresponding preliminary elevations. As far as possible, the measuring points are to be distributed in a representative way in municipalities with different population numbers. As far as possible, it is also possible to measure As and Ni.

(2) Measurements of the deposition of the heavy metals Pb, As, Cd and Ni shall be carried out at least at the following industrial sites:

1.

Arnoldstein,

2.

Linz,

3.

Leoben Donawitz and

4.

Brixlegg.

(3) With regard to the announcement of the locations of the measuring points, § 7 shall apply.

Quality assurance of measurement data

§ 20. Each measuring system operator is responsible for the quality of the data collected in its measurement network. To this end, a quality assurance and quality control system, which meets the requirements, must be established and applied, whereby, in addition to duly substantiated exceptional cases, the system must be applied in a uniform manner throughout Austria.

Determination of the assessment period

§ 21. For dust precipitation, as well as Pb, As, Cd and Ni in dust precipitation, the assessment period shall be one calendar year each.

Section 3

Background measurement and determination of the import-export share

Location of the measuring points and measuring range

§ 22. (1) The Federal Environment Agency operates the national background measurement network which, in addition to the locations of Illmitz, Sonnblick, Vorhegg and Zöbelboden mentioned in § 5 paragraph 1 IG-L, operates the measuring points Enzenkirchen (Upper Austria), Pillersdorf (Lower Austria) and Klöch. (Steiermark).

(2) The measurements for the determination of the import-export share in the framework of the "Joint Programme for the Measurement and Evaluation of the Long-Range Transport of pollutants in Europe" (EMEP) will be carried out by the Federal Environment Agency at the Illmitz Background Measurement Office in the Framework of the UNECE Convention on Long-Range Transboundary Air Pollution, BGBl. No 158/1983.

(3) The minimum requirements for the measurement programme referred to in paragraph 1 are set out in Table 3.

Table 3: Minimum requirements for the measurement programme in the national background measurement network

SO 2

NO 2 , NO

CO

PM 10

PM 2.5

Enzenkirchen

X

X

X

X

Illmitz

X

X

X

X

X

Klöch

X

X

Pillersdorf

X

X

X

X

Sonnblick

X

X

Vorhegg

X

X

X

X

Celestic

X

X

X

(4) The following pollutants are measured at the Illmitz measurement site:

1.

the PAHs benzo (a) pyrene, benzo (a) anthracene, benzo (b) fluoranthene, benzo (j) fluoranthene, benzo (k) fluoranthene, Indeno (1,2,3-c, d) pyrene and dibenz (a, h) anthracene in the PM 10 -Fraction;

2.

the heavy metals Pb, As, Cd and Ni in the PM 10 -fraction and total gaseous mercury (Hg);

3.

Sulphate, nitrate, ammonium, elemental carbon, organic carbon, Na + , Ca 2+ , K + , Mg 2+ and Cl - in the PM 2.5 -Fraction;

4.

The deposition of the heavy metals Pb, As, Cd, Ni and Hg and the PAHs benzo (a) pyrene, benzo (a) anthracene, benzo (b) fluoranthene, benzo (j) fluoranthene, benzo (k) fluoranthene, Indeno (1,2,3-c, d) pyrene and dibenz (a, h) anthracene.

(5) In addition to the minimum level of measurement referred to in Table 3, the Federal Environment Agency shall operate measuring points and/or stations. collects air pollutants used for the initial assessment of EU directives, or provide additional information for already regulated air pollutants.

(6) At least the meteorological parameters of wind direction and wind speed, air temperature, relative humidity, air pressure, global radiation and sunshine duration shall be at all measuring points referred to in Table 3 (except for the sunshine and the monkey). measure.

(7) The measurement of the wet deposition (analysis of sulphate, nitrate, ammonium and inorganic cations) has been carried out by the respective regional governor at selected measuring points, which are intended for the entry of acidifying and eutropy pollutants in Austria shall be representative.

Quality assurance of measurement data

§ 23. For quality assurance of measurement data, the data quality objectives according to Appendix 4 to use. The reference methods for the measurement of mercury, PAHs and the deposition of As, Cd, Ni and PAHs will be used in Appendix 1 .

Transmission of measurement data

§ 24. The Federal Environment Agency is responsible for the timely transmission of the measurement results of the data collected at the EMEP measuring points to the EMEP programme centre in accordance with the timetable defined by the EMEP management board.

Section 4

Measurement to record the long-standing trend

Measure Scope

§ 25. Trend measurement points shall be selected for the following pollutants:

1.

Sulphur dioxide (SO 2 )

2.

Nitrogen dioxide (NO) 2 )

3.

Nitrogen oxides (NO X )

4.

Carbon monoxide (CO)

5.

PM 10 and PM 2.5

6.

Lead (Pb) in PM 10

7.

Benzene

8.

Benzo (a) pyrene.

Number and locations of the measuring points

§ 26. (1) The number and locations of the trend-measuring points and the pollutants to be measured at these locations shall be in Appendix 3 .

(2) The background measuring points of the Federal Environment Agency in accordance with § 22 (1) shall be considered as trend measurement points in accordance with paragraph 1.

Section 5

Control of compliance with the emission limit values and immission values for the protection of ecosystems and vegetation

Division of the federal territory into study areas

§ 27. The territory of each federal state exclusive of the agglomerations referred to in § 2 is an area of study relating to the measurement of SO 2 , NO 2 and NO X for the monitoring of emission limit values and target values for the protection of ecosystems and vegetation.

Type of measurement

§ 28. With regard to the technical requirements for the measuring instruments for SO 2 , NO 2 and NO X and the rules relating to the operation of the measuring points shall apply Appendix 1 .

Number of measuring points and their regional distribution

§ 29. (1) For the control of compliance with the limit values for the protection of ecosystems and vegetation, the minimum number of measuring points referred to in Table 4 shall be established and operated, which shall also be carried out by the environmental authorities of the Federal Environment Agency in accordance with § 22 of the German Federal Environment Agency (BundesUmweltbundesamt). . With regard to the large-scale location criteria, the Appendix 2 to take into account the factors mentioned for the protection of ecosystems and vegetation.

Table 4: Minimum number of measuring points per pollutant per examination zone (additional measuring points of the Federal Environment Agency in brackets)

Investigation Area/

Country

SO 2

NO 2 , NO X

Burgenland

(1)

(1)

Carinthia

1 (1)

2 (1)

Lower Austria

2 (1)

2 (1)

Upper Austria

1 (2)

1 (2)

Salzburg

0

1

Steiermark

2

1 (1)

Tyrol

0

1

Vorarlberg

0

1

Vienna

0

0

Total

6 (5)

9 (6)

(2) With regard to the announcement of the locations of the measuring points, § 7 shall apply.

6.

Measurement of greenhouse gases

§ 30. Measuring the greenhouse gas carbon dioxide (CO) is carried out at the Sonnblick measurement site. 2 ) as well as of CO with automatically registering measuring instruments by the Federal Environment Agency. The measurement of the greenhouse gas methane (CH 4 ) shall be carried out on at least one suitable background measurement point by the Federal Environment Agency.

Section 7

Reporting

Data exchange

§ 31. (1) Each measuring system operator shall have the data measured in the form of half-hourly average values for the monitoring of the limit values laid down in Appendix 1 IG-L, as far as possible, hourly, but at least twice a day, to the immission data network in accordance with § 6 IG-L, in order to make them accessible to all measuring system operators.

(2) The measuring system operators shall provide the Federal Environment Agency with the corresponding final controlled data and information in accordance with § 35 (2) and § 36 no later than 30 April of the following year.

(3) For the fulfilment of the reporting obligations pursuant to § 35 (2) and § 36, all data not available as half-hourly average values shall be submitted to the Federal Environment Agency by the Regional Governor by electronic means by 30 April of the following year. To be made available.

(4) The Federal Environment Agency (Umweltbundesamt) has the measurement system operators on the nature and scope of the data and information required for the performance of these reporting requirements, up to 31. To inform January each calendar year.

Evaluation, documentation and publication of the measurement data

§ 32. (1) Each measuring system operator shall have a daily report, a monthly report and an annual report on the measurement data of continuously registering immission measuring instruments and the resulting characteristics of the measuring points operated by the measuring network operator. . About the measurement data from PM 10 and PM 2.5 if they have been collected by means of a gravimetric method, a monthly report and an annual report shall be published.

(2) The Federal Environment Agency (Umweltbundesamt) has to publish a nationwide daily air quality report and, in the context of the report according to § 35 (2), a national annual report on these measurement data and the characteristic values derived therefrom.

(3) All values shall be indicated in the same unit as the limit value, alarm or target value according to Appendixes 1, 2, 4 and 5 IG-L and Regulations pursuant to § 3 para. 5 IG-L.

(4) The Federal Environment Agency has to provide the general public with up-to-date information on the concentrations of the measured pollutants on the Internet. For SO 2 , NO 2 , CO and PM 10 Provided that this size is determined by continuously registering measuring instruments, the information shall be updated at least once a day. About PM 10 and PM 2.5 if these quantities are determined gravimetrically, are to be updated monthly.

Daily Report

§ 33. (1) The Landeshauptmann has a daily report on the pollution of the air with SO 2 , CO, NO 2 and PM 10 , provided that this size is determined by continuously registering measuring instruments, to be made to the measuring points operated in accordance with § 5 IG-L in the Land and, in any case, to be published from Monday to Friday, if these days are working days. The measurement values of the background measuring points, if they are determined with continuously registering measuring instruments, are integrated into the daily report of the federal state in which the respective measuring point is located.

(2) The Federal Environment Agency (Umweltbundesamt) has a nationwide air quality report on the pollution of the air of the previous day. 2 , CO, NO 2 and PM 10 If this size is determined with continuously registering measuring instruments, to produce the measuring points operated in accordance with § 5 IG-L in the Federal Republic of Germany and, in any case, to publish from Monday to Friday, if these days are working days.

Monthly report of the measuring system operators

§ 34. (1) Each measuring system operator shall, at least three months after the end of a month, have a monthly report at least on the measured values collected by it in the context of the implementation of the Immission Protection Act with continuously registering measuring instruments this month, as well as the results of the PM 10 -and PM 2.5 measurement, if this is done gravimetrically, to publish.

(2) In any event, the monthly report shall contain the following information separately after measurement points and air pollutants:

1.

Exceedances of the limit, alarm and target values according to Appendices 1, 4 and 5 IG-L and of a regulation pursuant to § 3 para. 5 IG-L, excluding PM 10 , as well as those limit values, the averaging period of which is the calendar year, in any case with the indication of day and measurement;

2.

the maximum mean values to be formed in accordance with the limit and target values in accordance with Appendixes 1 and 5 IG-L and a Regulation in accordance with Article 3 (5) IG-L for the month in question;

3.

the monthly average;

4.

availability.

(3) In the event of exceedances of the limit, alarm and target values referred to in paragraph 2 Z 1, a determination according to § 7 IG-L shall be taken.

(4) In the case of exceedances of limit values according to Appendix 1 IG-L, it is necessary to indicate whether a status survey according to § 8 IG-L is to be carried out.

Annual report of the measuring system operators

§ 35. (1) The Landeshauptmann shall publish an annual report by 31 July of the following year. In any case, the annual report shall include:

1.

the annual average values of the pollutants to be measured in accordance with Annexes 1 and 2 IG-L and for oxides of nitrogen (NO X ) for the previous calendar year;

2.

Information on exceedances of the limit, alarm and/or alert specified in Appendices 1, 2, 4 and 5 IG-L as well as in Regulations pursuant to § 3 para. 5 IG-L Target values, at least the measuring points, the height and frequency of the exceedances;

3.

details of the measurement procedures used;

4.

a characterization of the measuring points;

5.

reports of preliminary and its results, in particular on exceedances of the limit, alert and target values referred to in Annexes 1, 2, 4 and 5 of the IG-L;

6.

a comparison with the annual average values of the previous calendar years.

(2) The Federal Environment Agency has, by 31 August of the following year, a nationwide annual report on the results of the measurements of benzene, PM 2.5 as well as of Pb, As, Cd, Ni and Benzo (a) pyrene in the PM 10 -to publish an Austria-wide overview report on the results of the measurements of the other air pollutants. In any event, this report shall include the annual average values as well as information on exceedances of the limit, alarm and target values referred to in Annexes 1, 2, 4 and 5 of the IG-L as well as the value of the AEI in accordance with § 7 para. 2 IG-L. The annual report, which is produced by the Federal Environment Agency, also includes the ingredients of PM 2.5 as well as the deposition of heavy metals and PAHs.

(3) If limits, alarm and target values are exceeded in accordance with Appendixes 1, 2, 4 and 5 IG-L as well as a regulation pursuant to § 3 para. 5 IG-L, a determination according to § 7 IG-L shall be included in the reports according to paragraphs 1 and 2. For limit values according to Appendixes 1 and 2 IG-L and in the case of limit values in a regulation in accordance with § 3 para. 5 IG-L, state whether a status survey according to § 8 IG-L is to be carried out.

Reporting requirements in accordance with European Union directives and decisions

§ 36. The Federal Minister for Agriculture, Forestry, Environment and Water Management of the Federal Environment Agency shall use the following guidelines and decisions to fulfil the reporting obligations in accordance with the following guidelines and decisions:

1.

Directive 91 /692/EEC on the harmonisation and rationalisation of the reports on the implementation of certain Directives relating to the environment, OJ L 206, 22.7.1991, p. No. 48, as last amended by Regulation (EC) No 1882/2003, OJ L 327, 31.12.2003, p. No. OJ L 284, 31.10.2003 p. 1;

2.

Directive 2008 /50/EC on ambient air quality and cleaner air for Europe, OJ L 124, 20.4.2008. No. OJ L 152, 11.6.2008, p. 1;

3.

Decision 2004 /461/EC establishing a questionnaire for annual reporting on ambient air quality assessment in accordance with Council Directives 96 /62/EC and 1999 /30/EC and Directives 2000 /69/EC and 2002 /3/EC The European Parliament and the Council should be used OJ L 327, 28. No. OJ L 156 of 30.04.2004 p. 90, as amended by the corrigendum, OJ L 156, 25.6.2004, p No. OJ L 202, 07.06.2004 p. 63;

4.

Directive 2004 /107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air, OJ L 327, 30.4.2004, p. No. OJ L 23, 26.01.2005 p. 3, as last amended by Regulation (EC) No 219/2009, OJ L 327, 30.12.2009, p. No. OJ L 87, 31.03.2009 p. 109; and

5.

Commission Implementing Decision 2011 /850/EC laying down provisions concerning Directives 2004 /107/EC and 2008 /50/EC of the European Parliament and of the Council with regard to the exchange of information and reporting on ambient air quality, OJ L 327, 28.11.2011, p. OJ L 335, 17.12.2011 p. 86.

8. Section

Review of the measurement concept regulation

§ 37. In any case, a review of the measurement concept regulation must be carried out at intervals of five years after the entry into force of the measurement concept regulation.

Section 9

Final provisions

Gender neutral name

§ 38. The designations of function and persons used in this Regulation shall be understood to be gender-neutral.

Entry into force; external force

§ 39. This Regulation shall enter into force at the end of the day of its operation; at the same time, the Regulation shall enter into force on the concept of measurement of air pollution control, BGBl. II No 263/2004, as last amended by BGBl. II No 500/2006, except for force.

Berlakovich